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HomeMy WebLinkAbout02-24-11IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION HEINZ JUHL, An alleged incapacitated person NO. 21-11- PETITION FOR THE APPOINTMENT OF EMERGENCY PLENARY GUARDIAN OF THE PERSON AND ESTATE IN ACCORDANCE WITH 20 P.S. §5513 AND FOR PERMANENT PLENARY GUARDIAN OF THE PERSON AND ESTATE_ PURSUANT TO 20 P.S. $5511 n o ~. " .. ~J ~ro ,;~z~ r° e`i va -` ~ rn '~~ ~ ~ r.1 ~~ ;~: cn X ~-` r~ ~7 Q -T~ -;-~ _~~ ~ AND NOW COMES THE PETITIONER, the Cumberland County Age ~~ ~ r,, Community Services, in and for Cumberland County, Pennsylvania, by its solicitor, Anthony L. DeLuca, Esquire, who represents and avers as follows: 1. The Petitioner is Cumberland County Aging & Community Services, in and for Cumberland County, Pennsylvania, with its office located at 1100 Claremont Road, Carlisle, Cumberland County, Pennsylvania. 2. The alleged incapacitated person is Heinz Juhl, age 92, who currently resides at 2 Brier Road, Camp Hill, Cumberland County, Pennsylvania. 3. The known relatives of the alleged incapacitated person are: a. Rosemarie Greaser ~ daughter 2150 Rosa Road, Apt A19C Schenectady, NY 12309 _,T, --, r"'F7 ~. . -, -, ~.~ ~ b. Marina Terwilliger ~ daughter 179 East Mountain Road Hegins, PA 17938 c. Raymond Juhl 44452 Bayview Avenue #16316 Clinton Twp., Michigan 48038 4. The Petitioner is not related to Heinz Juhl. 5. The Petitioner's interest is that of a welfare agency concerned with his welfare and is familiar with his case. 6. Heinz Juhl has, for at least the last three (3) months, been incapable of managing and caring for himself and his financial affairs. 7. Heinz Juhl exhibits symptoms of mental incapacity, including but not limited to mixed dementia with psychotic features. 8. Heinz Juhl's mental incapacity prevents him from managing and caring for the affairs of his person and estate 9. On or about December 3, 2010, the Petitioner received a report of need of Protective Services for Heinz Juhl and, when visited by Petitioner's authorized representative, it was determined that he was forgetful and paranoid. 10. During the visit of December 3, 2010, Mr. Juhl provided detailed information about his financial affairs and stated that he was employed by a sweepstakes company. 11. On December 2, 2010, Mr. Juhl answered his door with a loaded gun when the East Pennsboro police came to his home. 12. On or about February 18, 2011 the Petitioner contacted Dr. Meena Charan's office to discuss concerns relating to Heinz Juhl and was informed that he had not been to see Dr. Charan since June 9, 2009. He refused to see his Primary Care Physician or take any previously prescribed medications other than the seizure medication, Carbatrol. 13. On February 17, 2011, Christopher Royer, Psy. D. evaluated Mr. Juhl and the following information was obtained: A. That there were reports of large withdrawals from his bank in order to pay for lottery scams; B. That he was promised a lot of money but he has to pay money first and then he never gets the money; and C. That he has given away at least forty thousand ($40,000.00) dollars. 14. Dr. Royer conducted a cognitive evaluation of Mr. Juhl which indicates that Mr. Juhl has cognitive impairment and is a risk to himself and others because of his delusional thoughts and the availability of weapons. A copy of Dr. Royer's report is attached hereto, marked as Exhibit "A", and incorporated herein by reference. 15. The Petitioner believes and, therefore, avers that Heinz Juhl's income consists of pensions from Germany, Canada and Pennsylvania, the amounts of which are unknown. 16. Petitioner requests that it be appointed Emergency Plenary Guardian of the Person and Estate of Heinz Juhl and subsequently be appointed Permanent Plenary Guardian of his Person and Estate. 17. The proposed Guardian has no interest which is adverse to the interest of Heinz Juhl. 18. Petitioner believes, and, therefore avers that Heinz Juhl does not already have a Guardian. 19. Petitioner asserts that Heinz Juhl is incapacitated as defined in Chapter 55 of the Probate Estates and Fiduciaries Code. 20. Because of his impaired mental and physical condition, Heinz Juhl lacks the capacity to provide for his own personal care and maintenance. 21. Because of his impaired mental and physical condition, Heinz Juhl is unable to manage his financial affairs, property and business and is unable to make and communicate responsible decisions relating thereto. 22. A power of attorney would be a less restrictive alternative than Guardianship and Heinz Juhl currently does have anattorney-in-fact but neither that person nor any other family member wishes to act in that capacity. 23. To Petitioner's knowledge, no previous application has been made for the order herein requested or for a similar order. 24. No other Court has ever assumed jurisdiction in any proceeding to determine the capacity of Heinz Juhl. 25. Petitioner avers that Heinz Juhl has sufficient assets which would enable him to pay for services rendered by the Guardians of his Person and Estate. 26. If appointed as Permanent Plenary Guardian of the Person and Estate of Heinz Juhl, Petitioner would seek payment for its services pursuant to the Guardianship Fee Schedule which is attached hereto, marked as Exhibit "B", and incorporated herein by reference. 27. At such time that Heinz Juhl no longer has sufficient assets to pay for Guardianship services, then, and in such event, Petitioner would seek payment under the Medical Assistance Regulations. 28. Medical Assistance regulations as set forth in Nursing Care Handbook instructions allow for the payment of Guardian fees as a deduction when determining contribution toward cost of care. 29. The amount of the Guardian's fee that is allowable as a deduction is the actual fee paid subject to a maximum of 10% of the person's gross monthly income or $100.00 per month, whichever is less. 30. Petitioner believes and, therefore, avers that it is entitled to receive payment of a Guardianship fee as allowed by Medical Assistance regulations and that said fee be a deduction toward the cost of the care of Heinz Juhl. WHEREFORE, the Petitioner respectfully requests that: 1. The Court appoint the Cumberland County Aging & Community Services, in and for Cumberland County, Pennsylvania as Emergency Plenary Guardian of the Person and Estate of Heinz Juhl pending a final hearing on this Petition with such Emergency Guardian having full power to place Heinz Juhl James into a nursing home or such other facility deemed appropriate and such other powers and restrictions the Court deems proper; 2. Pursuant to 20 Pa.C.S.A. §5513, the Court find that the emergency necessitating the filing of this Petition will continue beyond seventy-two (72) hours from the date of any Emergency Order; 3. Pursuant to 20 Pa.C.S.A. §5513, the Court schedule a final hearing on or within 23 days from the date of any Emergency Order; 4. The Court appoint the Cumberland County Aging & Community Services, in and for Cumberland County, Pennsylvania as Permanent Plenary Guardian of the Person and Estate of Heinz Juhl; and 5. Grant payment of a Guardian fee to Petitioner pursuant to the attached fee schedule and, at such time that Heinz Juhl no longer has sufficient assets to pay for the services, the Guardian shall be entitled to a maximum of 10% of Heinz Juhl `s gross monthly income or $100.00 per month, whichever is less. Respectfully Submitted, Anthony L. Luca, Esquire 113 Front Street P.O. Box 358 Boiling Springs, Pennsylvania 17007 (717) 258-6844 VERIFICATION I hereby verify that the facts and information set forth in the foregoing Petition for the appointment of Emergency Plenary Guardian of the Person and Estate in accordance with 20 P.S. §5513 and for Permanent Plenary Guardian of the Person and Estate pursuant to 20 P.S. §5511 of Heinz Juhl are true and correct to the best of my knowledge, information, and belief. I understand that any false statements contained herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. _ ;~ Dated: ~ ~ ~- ~ ~ ~~~ V ~ , '~,~. ~3 " wren Sheriff `~ Juhl, Heinz, page 1 CHRISTOPHER ROYER, PSY.D. DONNA M. STRUCK, PSY.D., LPC CLINICAL NEUROPSYCHOLOGY CLINICAL PSYCHOLOGY COUNSELING CONFIDENTIAL: For Professional Use Only The confidentiality of the information contained in this document is protected by the State Senate. Disclosure of this information without the proper written consent of the patient, the patient's authorized legal representative, or the patient's legal guardian is prohibited. PSYCHOLOGICAL CONSULTATION Client: Heinz Juhl Age: 92 Birth Date: Unknown Education: Ph.D. Employment: Retired Date of Evaluation: 2/17/11 Referral: CCOA Procedure Code: 90801 BACKGROUND INFORMATION General Mr. Juhl is referred for an evaluation in order to assess his competency to make decisions in his own best interest. He is a 92-year old male, who was seen in his residence. A police presence was required, as he apparently had answered his door for a visit last December with a loaded gun. There are reports of large withdrawals from his bank in order to pay for lottery scams. He states that "they offered me a job." He is able to say with some difficulty that he is promised a lot of money but he has to pay money first and then he never gets the money. He stated that he had given away at least $40,000.00. He reports that he tried to have his phone changed, but then he notes that he felt he would "lose my children" so he had his number changed back. He stated that his daughter is working with him to have his number changed. CCOA reports that he stated previously that he has a number of handguns around the house. Cognitive He states that his memory is poor. He notes "I think I have Alzheimer's Disease." He feels that he can find his words and understand people without difficulty. He states that he drives without difficulty, EXHIBIT "A" 3314 MARKET STREET • SUITE ZOO • CAMP HILL, PA 17011 PyorvE 717-761-6171 • Fax 717-761-6173 Juhl, Heinz, page 2 Psychiatric/Psychological He states that his spirits are okay. He denies any previous psychiatric treatment. Reports indicate that he developed a belief through talking with the "sweepstakes people" that others are against him and dressed as police officers. Apparently there have been many calls to the police as well. Medical He is not able to name his family doctor. He states that he sees his doctor once a year because of seizure disorder. He showed me a bottle of Carbitrol. It is unclear what level of compliance exists with the medication. He reports that his sleep is good, and is appetite is okay. Ms. Sheriff from CCOA and the accompanying police officer bother noted a weight loss since the visit in December of 2010. Substance Use There are not reported substance use issues. Social He resides on his own. He is widowed and there are three living children, none of whom live locally. He was a pilot in the German military during WWII. He states that he received a doctorate in engineering and he designed brides for PENDOT for 20-years. Currently he has a companion of about 12 years. Recently, he apparently began to pay her $1,000 per week to be his caretaker, RESULTS General Mr. Juhl was quite pleasant and cooperative with the evaluation and consented to the procedure. He ambulated independently and reported no significant sensory of motor abnormalities. He was fully alert and aroused throughout the evaluation. Expressive speech was fluent and notable for word finding problems. Thought processes were quite perseverative and associations followed suit. He appeared to have very unrealistic beliefs about the relationship between himself and the "lottery companies." He was clearly wary when he was told that memory questions were going to be asked, although he responded to redirection. Overall, his judgment appeared to be compromised. Cognitive Evaluation He was fairly oriented. He was able to state the day of week, month and year without difficulty. He was on day off for day of month. He was oriented to current time of day. He was oriented to location. He was oriented to remote personal information. On a test of recent recall, his ability to learn and recall a list of four words over a brief delay was severely impaired. On this task, he was unable to recall any words despite semantic and recognition cues. Simple auditory attention was adequate for the interview and for brief tasks, although he was perseverative and required some redirection. He made no errors on a test of mental arithmetic. Expressive speech was fluent and notable for both semantic and literal paraphasias. Reasoning by analogy was severely impaired. On this task he had extreme difficulty with abstract thinking. On reasoning tasks, he was quite concrete and his performance was impaired. He was unable to identify 911 as the number to call in case of an 3314 MARKET STREET • SUITE ZOO • CAMP F'l1LL, PQ 17011 PHONe 717-761-6171 • Fax 717-761-6173 Juhl, Heinz, page 3 emergency. Overall his fund of information was considered to be reduced for his age, education and background. Affect/Mood Affect was mildly somber. He noted concern verbally about the scams he has been involved with, but he did not demonstrate any demonstrable anxiety. He appeared to have little to no ability to reason through ways to extract himself form the situation. Awareness of Deficit Mr. Juhl presents with an intellectual awareness only of his memory deficits, but beyond that, he shows little ability to assess the impact of his cognitive and thinking on his behavior. IMPRESSIONS Mixed dementia, moderate with psychotic features At the current time, Mr. Juhl is not considered to be able to make decisions in his own best interests as defined by Pennsylvania State Statute. He is considered to be at extreme risk for contimzed manipulation by malicious third parties. Moreover, there is risk to self and others given his delusional thoughts and the availability of weapons. He requires a Guardian to manage his medical, financial and residential resources. He requires supervision at least at the level of assisted living. Thank you for this referral. Christophe sy. , Clinical Neu sychologist Licensed Psychologist 384 MARKET STREET • SUITE ZOO • CAMP HILL, PA 17011 PHONE 777-761-6171 • FAX 717-761-6173 0~-- - -~ ~,, CUMBERLAND COUNTY AGING & COMMUNITY SERVICES 1100 CL:~R~;~IONT RO;~D, C:~rU,rsi.i; P.~ 17015 (717) 240-6110 oR 1-888-697-0371 I?x'1' 6110 i~nx: (717) 240-6118 Gary Eichelberger Chairman Richard L. Rovegno One Team ...One e'~Z,i,f1t7Y1 The below listed Fee Schedules are applicable to individuals who v;~e cha;rman Barbara B. Cross Secretary have assets and/or income that excludes them from the Tetry L Barley D;rectnr Pennsylvania Department o f Aging Medicaid Waiver Program. GUARDIANSHIP FEE SCHEDULE ONE TIME INITIAL START UP GUARDIANSHIP FEE - $350.00 Cumberland County Aging and Community Services shall charge a one time, initial start up, Guardianship Fee of $350.00 when it is appointed guardian of the person of an alleged incapacitated person or guardian of the person and estate of an alleged incapacitated person. Thereafter, Cumberland County Aging and Community Services shall charge a monthly Guardianship Fee as Guardian of the Person or as Guardian of the Person and Estate at the rate of $i5o per month. MONTHLY GUARDIANSHIP FEE FOR GUARDIAN OF PERSON& ESTATE RATE - $150.00 • The $~5o per month includes managing of finances; attendance at quarterly care plan meetings; monthly visits; review of medical care and medical charts, annual reports, shopping for clothes and personal items, routine medical and dental appointments, application for benefits such as but not limited to veterans benefits, funeral arrangements. EXHIBIT "B" F.M,AtI, US :~T aging@ccpa.net OR VISIT OUR WEBSITF. AT www.ccpa.net/aging MONTHLY GUARDIANSHIP FEE FOR GUARDIAN OF PERSON - $100.00 • This includes attendance at quarterly care plan meetings; monthly visits; review of medical care and medical charts; annual reports; shopping for clothes and personal items; routine medical and dental appointments. IN EXCESS RATE - $5o/HOUR In the event that Cumberland County Aging and Community Services, as a Guardian, is required to provide any services outside the scope of routine Guardianship care, including but not limited to travel to/from non-routine medical appointments, travel to visit with family that are not able to visit in the facility; locating and/or moving to a new facility, overseeing the disposition of personal property or any special circumstances not listed above, then, and in such event, Cumberland County Aging and Community Services shall be entitled to charge $5o per hour for said services. POWER OF.ATTORNEY_FEE SCHEDULE ONE TIME INITIAL STARTUP POA APPOINTMENT FEE - $50.00 Cumberland County Aging and Community Services shall charge a one time, initial start up, Power of Attorney Fee of $~50.0o when it is appointed Power of Attorney of the person of an alleged incapacitated person or Power of Attorney of the person and estate of an alleged incapacitated person. Thereafter, Cumberland County Aging and Community Services shall charge a monthly Power of Attorney Fee as Power of Attorney of the Person or as Power of Attorney of the Person and Estate at the rate of $75 per month. MONTHLY POA FEE- $75.00 • This includes managing of finances; attendance at quarterly care plan meetings; monthly visits; review of medical care and medical charts, shopping for clothes and personal items, routine medical and dental appointments, application for benefits such as but not limited to veterans benefits, funeral arrangements. IN EXCESS RATE - $5o/HOUR In the event that Cumberland County Aging and Community Services, as a Power of Attorney, is required to provide any services outside the scope of routine Power of Attorney care, including but not limited to travel to/from non-routine medical appointments, travel to visit with family that are not able to visit in the facility; locating and/or moving to a new facility, overseeing the disposition of personal property or any special circumstances not listed above, then, and in such event, Cumberland County Aging and Community Services shall be entitled to charge $5o per hour for said services.