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HomeMy WebLinkAbout06-27-11IN RE: Walter E. King An Alleged Incapacitated Person ~ rte.; ~ Q IN THE COURT OF COMMO ~ S :CUMBERLAND COUNTY, PEN~VA A ~~ .~ ~ --~, : ~~ ~`' .. :ORPHANS' COURT DIVISION' r~' f. , PETITION OF GREEN RIDGE VILLAGE TO ADJUDICATE AN INCAPACITATED PERSON AND TO APPOINT A PLENARY GUARDIAN OF HIS PERSON AND ESTATE AND NOW, comes the Petitioner, Green Ridge Village, by and through its counsel, Jane Adams, Esquire, and respectfully petitions this Honorable Court pursuant to 20 Pa. C.S.A. §5511 for an Order adjudicating Walter E. King, to be an incapacitated person and appointing a guardian over his person and estate and in support thereof states as follows: 1. Petitioner Green Ridge Village (hereinafter "Petitioner"), is a corporation properly registered and qualified to do business in Pennsylvania. 2. Petitioner operates a facility known as Green Ridge Village, at 210 Big Spring Road, Newville, Pennsylvania, 17241. 3. The Alleged Incapacitated Person is Walter E. King. 4. As the residential care provider for Walter E. King, Petitioner has an interest in his welfare given her status as an alleged incapacitated person. 5. Walter E. King is sixty-six (66) years old with a date of birth of August 4, 1944. 6. Residential services are currently being provided to the alleged incapacitated person by Petitioner at Green Ridge Village. 7. Walter E. King has the following diagnoses: Depressive Disorder, Hyperlipidemia, Mild Mental Retardation, and Hypertension. These conditions impair his ability to make any decisions regarding his physical condition, health, well-being, and any other matters. (See a Certification of Dr. Guistwite, attached hereto at Exhibit A). He had an inpatient stay at Shamokin Area Community Hospital Behavior Unit from April 14, 2011 through April 26, 2011. 8. Dr. Guistwite, a physician who has been involved in regular treatment of Walter E. King believes that Walter E. King is incapable of making any decisions regarding his medical treatment at this time. (See Exhibit A). rn E, ~_ _< <_=~ -_~ ~=-_~ m ~ r~ ~ "r'~ ~~_~ 9. Walter E. King is unable to manage or take care of matters pertaining to his own health and well-being without the existence of another individual who will act as guardian of his person. He is unable to resist fraud or undue influence without the assistance of a guardian. 10. Upon information available to the Petitioner, Walter E. King has no valid living will, advance directive for health care, power of attorney, or other document regarding his wishes pertaining to his personal affairs and/or medical care in the event of his incapacity while a residence at Green Ridge Village. 11. Upon Petitioner's information and belief, Walter E. King has no children. He does have a niece, however she is very ill. Her name and address are: Bobby Jo King 512 West Queen Street Annville, Pa. 17003 12. Upon Petitioner's information and belief, Walter E. King's wife, Dolly King, is not able to act as a guardian. She is currently living at Swaim Health Center, 210 Big Spring Ave., Newville, Pa. 17241. 13. Upon information and belief, Walter E. King was never a member of the United States Armed Forces. 14. Upon information and belief, no other guardians of the person or estate of Walter E. King have been appointed, and no other court has assumed jurisdiction in any proceedings to determine the capacity of Walter E. King, the alleged incapacitated person. 15. Petitioner seeks the appointment of a guardian of the person and estate because, in the opinion of the doctor, Walter E. King is mentally incapacitated and unable to make decisions regarding his personal affairs. His condition is such that he would not be unable to resist fraud or undue influence without the assistance of another non-interested individual to act as his guardian. 16. Presently, the alleged incapacitated person is a resident of Green Ridge Village, Newville, Pennsylvania, in the personal care unit. The essential requirements for his health and safety are provided at the facility. A guardian over his person and estate is required to provide consent for medical and surgical treatments, if necessary, and to ensure that Walter E. King's continued personal needs and financial obligations are met. 17. Petitioner believes that thE~re are no less restrictive appropriate alternatives to seeking a guardianship, over the person and estate of Walter E. King. 18. The proposed guardian over Walter E. King is Good News Consulting, 140 Roosevelt Ave., Suite 206, York, Pa. 17401. 19. Good News Consulting has agreed to serve as Walter E. King's guardian. (See a consent of Proposed Guardian attached hereto, as Exhibit B). 20. Upon information and belief, the proposed guardian has no interest adverse to the alleged incapacitated person. 21. The proposed guardian is a qualified guardian pursuant to 20 Pa. C.S.A. §5511(f). 22. Petitioner respectfully requests that the proposed guardian be given powers over the person and estate of Walter E. Kirig. 23. Insofar as Petitioner can ascertain, Walter E. King's assets and income consist of the following: A resident account at Green Ridge Village, $372.00 per month in social security, and $561.30 per month in SSI. 24. Walter E. King's mental and physical condition mandates that a guardian be appointed to make decisions concerning his person and estate, including, but not limited to, his living arrangements, his medical and psychiatric care, the administration of medications, surgical interventions, thy: employment and discharge of physicians, dentists, nurses, etc., for his physical care and to make decisions regarding his personal finances. WHEREFORE, Petitioner respectfully request that this Honorable court issue a citation directed to Walter E. King, the alleged incapacitated person, with notice to such persons at this court may direct, to sF~ow cause why he should not be adjudged a totally incapacitated person, and why Good News Consulting should not be appointed guardian over his person and estate. Respectfully submitted: Date: ~ ~ ,~v ,d~ a Adams, Esquire I . No. 79465 17 West South Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PETITIONER VERIFICATION OF DFt_DARRYL GUISTWITE I, Dr. Darryl Guistwite, do hereby state that the following is true and correct based upon my personal knowledge, information, and belief: 1. I am a physician licensed in goad standing to practice medicine in the Commonwealth of Pennsylvania. 2. I am the attending physicia~~ for Walter E. King. i attend to him on a regular basis at Green midge Village, 210 Big Spring Road, Newviiie, Pennsylvania, 17241. 3. Walter E. King was born on August 4, 1944 and he is seventy-six (76) years old. 4. He suffers from depressive disorder, mild mental retardation, hyperlipidemia, and hypertension. 5. Mr. King's condition is not ~:;urablE: ur reversible. His diagnosis for improvement is poor. 6. I have determined within a reasonable degree of medical certainty that Mr. King is unable to receive and evaluate information effectively and communicate decisions, and that his abilities are impaired to such a degree as to render hiim totally unable to meet the requirements for her pl~~ysical health and safety without the assistance of another individual or csrctanization who will act as a guardian over his person and estate. 7. It is my opinion that Mr. Kind is unable to resist fraud or undue influence without the assistance of a guardian to make decisions regarding his health care. 8. It is my opinion that the failure; to appoint a guardian with authority to provide consent for Mr. King to receive appropriate medical care and treatment will result in irreparable harm to his Person. I declare that the above statements are true subject to penalties of 18 Pa.C.S.§4904 relating to unsworn falsification to authorities. Date: ~~©; ~ l 1 Dr. Darryl Guistwit ~, CONSENT OF PROPOSED GUARDIAN Good News Consulting hereby consents to act as Plenary Permanent Guardian of the Person and Estate of Walter E. King, an alleged incapacitated person. Good News Consulting is an S-corporation organized under the laws of the Commonwealth of Pennsylvania and is doing business at 140 Roosevelt Ave., Suite 206, York, Pa. 17401. Good News Consulting provides guardianship services allowing for the highest quality of care available in the least restrictive setting available. estjDolJ will provide a full range of human services, including taking responsibility for medical /U~~-f and personal care decisions, handling financial affairs, providing one-on-one contact Cv~l5~c~7//U6,~ and monitoring, and other services, as necessary. Good News Consulting and its agents have no interests (financial or otherwise) adverse to those of the alleged incapacitated person, and no agents of Good News Consulting reside in the same household or facility with the alleged incapacitated person. Date: ~l / Tina Hess, BS, CMC, NCG VP of Operations Good News Consulting CERTIFICATION OF' WALTER KINGERA EXECUTIVE DIRECTOR OF GREEN RIDGE VILLAGE I, Walter Kingera, do hereby state under penalty of perjury that the following is true and correct based upon my personal knowledge: 1. I am the executive director at Green Ridge Village, 210 Big Spring Ave., Newville, Pennsylvania, 17241, which K>rovides skilled nursing and rehabilitation services for elderly patients. 2. Green Ridge Village is operated by Presbyterian Senior Living, a licensed corporation by which I am employed. 3. Walter E. King is currently a resident of Green Ridge Village. 4. Upon information available~to the PetitionE~r, Walter E. King has no valid executed living will, advance directive for health carE~, or other document regarding his wishes pertaining to his personal affairs and/or medical care in the event of his incapacity while a resident at Green Ridge Village in Newville, Pennsylvania. 5. The undersigned knows of no ore who would oppose the appointment of Good News Consulting as Guardian c:>f the Person and estate of Walter E. King. Under penalty of perjury, I declare that the above statements are true to the best of my knowledge and belief. Date: ~/jam/~( Walter Kingera, l