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HomeMy WebLinkAbout06-03-11~ ~~ : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY; PENNSYLVANIA DAVID BENAMI, . ORPHANS' COURT DIVISION An alleged incapacitated person NO.~-~~"~~D 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 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 the 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 David BenAmi, age 74 who currently is a patient at Holy Spirit in the Behavioral Health Unit and has been at that facility for approximately six (6) weeks pior to the filing of this Petition. 3. The only known relative of the alleged incapacitated person is: ~y.., a. Alfred Eugene Means -Brother m ~ G?~ 5312 Walton Avenue ca f Philadelphia, Pennsylvania 19143 c~ c~ 4. ~~~ -~ -~-t T ~ ~~. ra The Petitioner is not related to David BenAmi. ~ .c- mow. ca a°~ 5. The Petitioner's interest is that of a welfare agency concerned with his welfare and is familiar with his case. 6. David BenAmi has, for at least three (3) months, been incapable of managing and caring for himself and his fmancial affairs. 7. David BenAmi exhibits symptoms of mental incapacity, including but not limited to chronic paranoid schizophrenia and dementia, probably of the Alzheimer's type versus vasculaz type. 8. David BenAmi's mental incapacity prevents him from managing and caring for the affairs of his person and estate. 9. Petitioner had contact with Mr. BenAmi in 2009 when he was having difficulty with his eyesight. 10. Prior to his placement at Holy Spirit Behavioral Health Unit, the alleged incapacitated person resided at 122 West North Street, Carlisle, Pennsylvania, an apartment owned and managed by the Cumberland County Housing Authority. Mr. BenAmi had resided there since he moved out of the Molly Pitcher Hotel in 2005. 11. While residing at 122 West North Street, Carlisle. Pennsylvania, Mr. BenAmi was unable to take care of his apartment and maintenance staff of the Cumberland County Housing Authority cleaned out his apartment twice a yeaz for about three (3) years and, thereafter, paid someone to do so twice a year. 12. Mr. BenAmi can not return to his apartment. 13. On February 28, 2011, a Petition under section 302 of the Mental Health Act was filed by the Cumberland County Housing Authority but it was denied. 14. On Mazch 24, 2011, a Petition under section 304 of the Mental Health Act was filed by the Cumberland County Housing Authority resulting in relief being granted and Mr. BenAmi was transported to crisis intervention at Holy Spirit Hospital and later admitted to the Behavioal Health Unit where he is currently. 15. On February 24, 2011 and again on March 9, 2011, protective case workers from Petitioner's office visited Mr. BenAmi at his apartment and made the following observations regazding him and his apartment: A. His personal appeazance was very poor and he had a strong odor of urine; B. He was disheveled and was wearing urine soaked slacks and dirty sweatshirt; C. The mattress in his bedroom did not have sheets and blankets and springs were protruding from the bed; D. Roaches were everywhere and trash was piled up 16. Further investigation has determined Mr. BenAmi did not wash his clothes and would weaz them for long periods of time and, when offered assistance to be provided with new clothing and mattress, he refused saying to do so would jeopazdize his lawsuit. 17. Mr. BenAmi has refused to address medical issues and to see doctors even though efforts were made for him to address those issues by the Cumberland County Housing Authority. 18. Mr. BenAmi has been seen walking in Cazlisle over the yeazs and has been helped by the staff of the Cumberland County Housing Authority who assisted him with his finances by going to the bank for him because he was banned due to to roaches he had on him when he went to the bank. 19. On May 23, 2011, David BenAmi was evaluated at Holy Spirit Hospital by Robin K. Miller, M.D. and he was diagnosed as having chronic schizophrenia paranoid type and dementia; probably Alzheimer's type versus vasculaz type. 20. Petitioner believes and, therefore, avers that David BenAmi's income consists of approximately $694.00 a month. 21. The alleged incapacitated's brother, Alfred Eugene Means, who resides in Philadelphia is unable to be his brother's guardian and would like him to be placed in the Philadelphia area if possible. 22. Holy Spirit Hospital can no longer justify his continued stay there and he must be discharged but Mr. BenAmi refuses to give consent for his placement in an appropriate facility. 23. Petitioner requests that it be appointed Plenary Guardian of the Person and Estate on both an emergency and permanent basis. 24. The proposed Guardian has no interest which is adverse to the interest of David BenAmi. 25. Petitioner believes, and, therefore avers that David BenAmi does not already have a Guardian. 26. Petitioner asserts that David BenAmi is incapacitated as defined in Chapter 55 of the Probate Estates and Fiduciaries Code. 27. Because of his impaired mental and physical condition, David BenAmi lacks the capacity to provide for his own personal caze and maintenance. 28. Because of his impaired mental and physical condition, David BenAmi is unable to manage his financial affairs, property and business and to make and communicate responsible decisions relating thereto. 29. A power of attorney would be a less restrictive alternative than Guardianship but he currently does not have anattorney-in-fact and he lacks the capacity, at present, to appoint one. 30. To Petitioner's knowledge, no previous application has been made for the order herein.requested or for a similar order. 31. No other Court has ever assumed jurisdiction in any proceeding to determine the incapacity ofDavid BenAmi. 32. David BenAmi is due to be dischazged from Holy Spirit Hospital at any time but he refuses to consent to placement in an appropriate facility which causes Petitioner to believe, and, therefore, aver that he would be at imminent risk of serious bodily harm because he has no place to go and no one to care for him. 33. The failure to appoint Petitioner as Emergency Plenary Guardian of the Person and Estate of David BenAmi and later as Permanent Plenary Guardian of his Person and Estate will result in irreparable harm to the person and estate of David BenAmi. 34. To eliminate the imminent risk of harm to David BenAmi, Petitioner, if appointed as the proposed emergency and permanent plenary guardian of his person and estate will seek to immediately place him in a nursing home facility because that is the least restrictive alternative available for him. 35. Medical Assistance regulations as set forth in Nursing Caze Handbook instructions allow for the payment of Guardian fees as a deduction when determining contribution towazd cost of Gaze. 36. 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. WHEREFORE, the Petitioner respectfully requests that: The Court appoint the Cumberland County Aging & Community Services, in and for Cumberland County, Pennsylvania as emergency plenary guazdian of the person and estate of David BenAmi pending a final hearing on this Petition with such emergency guazdian having full power to place him into a nursing home facility and such other powers and restrictions the Court deems proper; 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; Pursuant to 20 Pa.C.S.A. §5513 the Court schedules 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 David BenAmi; and 6. Grant payment of a Guardian fee to Petitioner subject to a maximum of 10% of David BenAmi's gross monthly income. Respectfully Submitted, ~~~ Anthony L. ca, squue 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 Guazdian 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 David BenAmi aze 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: ~GI6~L~IU(/lt ~ Priscilla Whitman