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HomeMy WebLinkAbout05-13-11IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOROTHY DEAVEN, An alleged incapacitated :ORPHANS' COURT DIVISION person NO.21-11- b 5~7~ PETITION FOR THE APPOINTMENT Oli PERMANENT PLENARY GUARDIANS OF THE PERSON AND ESTATE PURSUANT TO 20 P.S. X5511 AND NOW COMES THE PETITIONER, the Cumberland County Aging & 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 Dorothy Deaven, age 83~, who currently resides at Golden Living Center, West Shore, 770 Poplar Church Road, Camp Hill, PA, Cumberland County, Pennsylvania. 3. _.; ~ . The known relatives of the alleged incapacitated person are: ~ ~ ; ~ f ~ T ~ ~ ~ r--- a. Donna Deaven -Daughter ~ ~'' __ 145 E Main Street 1St Floor ~~ . ~-- ~:. ~~ , , . Mechanicsburg PA 17055 '---~ ~~ - = =-~ , ,T%' ,--} 'T7 4. The Petitioner is not related to Dorothy Deaven. 5. The Petitioner's interest is that of a welfare agency concf;rned with her welfare and is familiar with her case. 6. Dorothy Deaven has, for at least the last three (3) months, been incapable of managing and caring for herself and her financial affairs. 7. Dorothy Deaven exhibits symptoms of mental incapacity, including but not limited to moderate dementia. 8. Dorothy Deaven's mental incapacity prevents her from managing and caring for the affairs of her person and estate. 9. On or about January 27, 2011, the Petitioner received a report of need of Protective Services for Dorothy Deaven and, when visited by Petitioner's authorized representative, it was noted she was forgetful in most areas. 10. Petitioner, through its case worker, has determined that Dorothy Deaven owns a home and an arrangement had been made with Maranatha, a local :non-profit organization, to pay the bills of Dorothy Deaven but Donna Deaven, daughter of Dorothy Deaven, has informed Maranatha that she will no longer providf; the money to pay the mortgage or other bills. 11. Petitioner has had prior contact with the daughter and has concern that the daughter is dissipating the assets of her mother which will place her in financial difficulty. 12. On February 8, 2011, Kenneth R. Carroll, Ph.D., met withh Dorothy Deaven and conducted a psychology consult wherein the following was noted: A. She has serious hearing loss and communication is very difficult; B. She is poorly oriented to time and place; C. Her short term recall is poor and does not improve wi1:h prompting; and D. She scored an 18 on the MMSE which is in the range of moderate dementia 13. The diagnosis formed by Dr. Carroll was that, while the exam was limited because of her hearing impairment, Dorothy Deaven suffers from moderate dementia which requires assistance with managing her finances and making health care decisions. A copy of the psychological consult is attached hereto, marked as Exhibit "A" and incorporated herein by reference. 14. The Petitioner believes and, therefore, avers that Dorothy L)eaven's monthly income is $2,537.14 which is from Social Security and a Pension I'ro~n the Office of Personnel Management. 15. Petitioner requests that it be appointed Plenary Guardian of the Person and Estate on a permanent basis. 16. The proposed Guardian has no interest which is adverse to the interest of Dorothy Deaven. 17. Petitioner believes, and, therefore avers that Dorothy Deaven does not already have a Guardian. 18. Petitioner asserts that Dorothy Deaven is incapacitated as defined in Chapter 55 of the Probate Estates and Fiduciaries Code. 19. Because of her impaired mental and physical condition, Dc-rothy Deaven lacks the capacity to provide for her own personal care and maintenance. 20. Because of her impaired mental and physical condition, Dorothy Deaven is unable to manage her financial affairs, property and business to make and communicate responsible decisions relating thereto. 21. A Power of Attorney would be a less restrictive alternative khan Guardianship but Dorothy Deaven currently does not have anattorney-in-fact and she lacks the capacity, at present, to appoint one, 22. To Petitioner's knowledge, no previous application has I>een made for the order herein requested or for a similar order. 23. No other Court has ever assumed jurisdiction in any proceeding to determine the capacity of Dorothy Deaven. 24. Petitioner avers that Dorothy Deaven has sufficient assets which would enable her to pay for services rendered by the Guardians of her Person and F;state. 25. If appointed as Permanent Plenary Guardian of the Person and Estate of Dorothy Deaven, Petitioner would seek payment for its services pursuant to the Guardianship Fee Schedule which is attached hereto, marked as Exhibit "$", and incorporated herein by reference. 26. At such time that Dorothy Deaven no longer has sufficient assets to pay for Guardianship services then, and in such event, Petitioner would seek payment under The Medical Assistance Regulations. 27. 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. 28. 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. 29. 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 Dorothy Deaver. WHEREFORE, the Petitioner respectfully requests that: 1 . The Court appoint Cumberland County Aging & Community Services as Permanent Plenary Guardian of the Person and Estate of Dorothy Deaven; 2. Cumberland County Aging & Community Services is authorized to obtain payment for its services pursuant to the attached Fee Schedule; and 3. Cumberland County Aging & Community Services is authorized to obtain payment of a guardianship fee subject to a maximum of 10% of Dorothy Deaven's gross monthly income or $100.00 per month, whichever is less, at such tame that Dorothy Deaven no longer has sufficient assets to pay for Guardianship Services and would qualify for Medical Assistance. Respectfully Submitted r,1 y ,..,.• ~l ~v 4- ,~,,,,,4 Anthony L. uca, Esquire 113 Front Street P.O. Box 358 Boiling Spring;;, Pennsylvania 17007 (717) 258-6844 .0~-20-'11 1~r;55 FPOM-Cumberland Ca .~ ~ C5 7179605529 T-887 P00020002 F-408 Feb 08 11 07:OOp p.6 P~y'~el~ol~y ~dnsult N~iae: Y?o~rvthy Dcavcn ~,a+a~: 805 ~si~c: ~'obn~ry 8, 2Ul ~ Date of Birtb:lViaRCh 25, 19?8 ~te~eflCitvg 1'lEysici,~-ri: fir. x.ama+rque ~tt~ne ~p1' 17~ertal : Cvadusi~v~a Qiosts: ~-~.b, +~~e~ ~'s~}rcl~oactlve Medic~tio~a: Celexa, 'I (3 mg; ~Estt~ril ~a 'fasts Adv~oistcra~: polstein MMS~~, C3e~riatric Tyession 3~ise, "oV'echslez ficates 'rime: 90 minutes ~ittoxy: i~ults, I7eaven was born in Harrisburg, gXaaciuatod high, s-:hoo1, and way a sccset~. She i9 a w~idvw w~-~ o~ daughter. SJr~ name het~e in. October snd shaves sUrne conf~ss~ioa. 'Where i~ cozMCCxu about ,h~.-r ability to xrx~ake deci.sians about ter care. k'Ittriiu~s: Mme. D+eave~ is alert, clear, and cooperative, ~iut stic .bias a serious heariuug avss aid cocation is very difficult The exaoa wars conducted ~mrtly in writing, but t1~at waq not ;Bully e~eetiva e%tlter. S~„e is ~pc~'Xx ozientbd to time an~cl. place. ~cm.otc Waxy seems imac~ bu# ~toxt~tor~n xece~U is poor aN~d doss ~aot improve writh pramp~ting. Ott the ba.~is oaf tl~oe~c itca~,s whexc w+o were ab.te to ot~iru zeliablo x+esp~ises, pxo,~eoted S~ goa~+a is abt~u~t ~ Sr juG~ ~e ~cange o~ Mate dcrnarrtria We went throttg~ poet of #?~e ~e~ssi~n Soat~ i~ v~rr~itten farm, a~:cx~, she consistently dcxn3~od symptorras df dep~.~iton-. A~iagnos~ic ~ai~a: exam. ~s limited bccausc o~ tl~e bca;!; t~1~.irment, but ava~sbl6 ev~idep~ suggests tn+odecat~s dc+mte~xtia. ~eca~nmepdstip~: lvluts~ maven is a~i1c to vn,ako simple dcxisi~uns, about bier m~ p~aruuecs, or elot~ug choxce~ toz example. At~~ for evrat naad,cstly~ cvzanpleax mettexs, ~n~alu+aing mana~ia~ .lacy ~o.amuces au~d c~akin~~ )aea~ chrcare c~oisia+x~s, sha wr~vld cec~uire assesl~aaae. 'I~tianlc you ~ aaxawing my ~articipatiio-~a uY your p~rpieat's care. i -- .~ ~~~~~ 7ie.n B. c's~rrotl, X'~.1). EXHIBIT "A" MONTHLY GUARDIANSHIP FEE FOR GUARDIAN OF PERSON - $~oo.oo • 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.