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HomeMy WebLinkAbout04-0782iN RE: : 1N THE COURT OF COMMON PLEAS OF : OF CUMBERi.AND COUNTY, PENNSYLVANIA BLANCHE MILLER, : ORPHANS' COURT DIVISION An alleged incapacitated person: : NO. PETITION FOR THE APPOINTMENT OF EMERGENCY PLENARY GUARD/AN OF THE PErsoN AND ESTATE IN ACCORDANCE WITH 20 P.S. §5513 AND~T PLENARY GUARD/AN OF THE PERSON AND ESTAT~7~ -- PURSUANT TO ?0 P.S. ~551 l AND NOW COMES THE PETITIONER, the Area Agency on Aging, in and for Cumberland County, Pennsylvania, by its solicitor, Anthony L. DeLuc4, F-.~quire who represents and avers as follows: The Petitioner is the Area Agency on Aging, in and for Cumberland Coun!~ Pennsylvania, with its office located at 16 West High Street, Carlisle, Cumberlan~ County, Pennsylvania. The alleged incapacitated person is Blanche Miller, age 89, who currently resides at the American House, 26 N. Market Street, Apt. 204, Mechanicsburg, Cnmberland County, Pennsylvania and has resided there for a period exceeding 1 year prior to the filing of this Petition. There are no ~own relatives of the alleged incapacitated person. 4. The Petitioner is not related to Blanche Miller. he Petitioner s interest is that ora welfare agency concerned with her welfare and is familiar with her case. Blanche Miller has, for at least three (3) months, been incapable of managing and caring for herself and her financial affairs. Blanche Miller exhibits symptoms of mental incapacity, including but not linfited to confusion, disorganized thoughts, and paranoia. Blanche Miller's mental incapacity prevents her from managing and caring for the affairs of her person and estate. Blanche Miller, the alleged incapacitated person, resides alone at the American House located at 26 N. Market Street, Apt. 204, Mechanicsburg, Pennsylvania. The American House is subsidized housing and is managed by the Cumberland County Housing Authority. 11. Blanche Miller has failed her apartment inspection three (3) times, given a ten (10) day notice to appeal but failed to respond which will result in an eviction of BIanche Miller from her apartment. 12. Blanche Miller was taken to Holy Spirit Hospital by ambulance on August 7, 2004 after being found on the street by a man but she did not know who brought her back to her apartment. 13. Blanche Miller was admitted to Holy Spirit Hospital due to confusion, increased cardiac enzymes and EKG changes. 14. Blanche Miller's mental health history includes confusion, disorientation as to date or place, difficulty with comprehension, disorganized thoughts, paranoia and decreased safety awareness. 15. Blanche Miller requires assistance xvith all o£her activities ofdaily living and requires someone to assist her physically because of difficulty with mobility. 16. Prior to her hospitalization, services had been set up to help Blanche Miller in her daily living but she would not allow the provider to provide the service. 17. Plaintiff believes and, therefore, avers that the monthly income of Blanche Miller is approximately $1,384.00 a month from social security. 18. Petitioner requests that it be appointed Plenary Guardian of the Person and Estate of Blanche Miller on both an emergency and permanent basis. 19. The proposed Guardian has no interest which is adverse to the interest of Blanche Miller. 20. Petitioner believes, and, therefore avers that Blanche Miller does not already have a Guardian. 21. Petitioner asserts that Blanche Miller is incapacitated as defined in Chapter 55 of the Probate Estates and Fiduciaries Code. 22. Because of her impaired mental and physical condition, Blanche Miller lacks the capacity to provide for her own personal care and maintenance. 23. Because of her impaired mental and physical condition, Blanche Miller is unable to manage her financial affairs, property and business and to make and communicate responsible decisions relating thereto. 24. A power of attorney would be a less restrictive alternative than Guardianship but Blanche Miller currently does not have an attorney-in-fact and she lacks the capacity, at present, to appoint one. 25. To Petitioner's knowledge, no previous application has been made for the order herein requested or for a similar order. 26. No other Court has ever assumed jurisdiction in any proceeding to determine the incapacity of Blanche Miller. 27. Blanche Miller is due to be discharged from Holy Spirit Hospital at any time and, upon discharge from the hospital, she will be transported to West Shore Health and Rehabilitation Center, 770 Poplar Church Road, Camp Hill, Cumberland County, Pennsylvania. 28. West Shore Health and Rehabilitation Center will only accept Blanche Miller ifa Guardian has been appointed for her. 29. The failure to appoint Petitioner as Emergency PIenary Guardian of the Person and Estate of Blanche Miller and later as Permanent Plenary Guardian of her Person and Estate will result in irreparable harm to the person and estate of Blanche Mi lIer. 30, To eliminate the imminent risk of harm to Blanche Miller, Petitioner, if appointed as the proposed emergency and permanent plenary guardian of her person and estate will seek to immediately place her in the West Shore Health and Rehabilitation Ccnter because that is the least restr/ctive alternative available for her. WHEREFORE, the Petitioner respectfully requests that: 1. The Court appoint the Area Agency on Aging, in and for Cumberland County, Pennsylvania as emergency plenary guardian of the person and estate of Blanche Miller pending a final hearing on this Petition with such emergency guardian having full power to place Blanche Miller into a nursing home facility 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 schedules a final hearing on or within 23 days from the date of any Emergency Order; and 4. The Court appoint the Area Agency on Aging, in and for Cumberland County, Pennsylvania as Permanent Plenary Guardian of the Person and Estate of Blanche Miller. Respectfully Submitted, ~nthony L.'~Luca, Esquire ~ 113 Front St[-eet 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 Blanche Miller 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 unswom falsification to authorities. Dated: Priscilla Whitman IN RE: : IN TIlE COURT OF COMMON PI.EAS OF : OF CUMBERLAND COUNTY, PENNSYLVANIA BLANCHE MILLER, : ORPHANS' COURT DIVISION An alleged incapacitated person: :No. 2t-0 PRELIMiNARY DECREE AND NOW, this ~7.~5~'~day of !'"I o_, , 2004, in consideration of the foregoing petition and on motion of the Area Agency on Aging, in and for Cumberland County, Pennsylvania, through their Counsel, Anthony L. DeLuca, Esquire, it is ORDERED AND DECREED that a Citation be awarded, directed to Blanche Miller to show cause why an emergency plenary guardian of her person and estate should not be appointed, and why she should not be adjudged an incapacitated person and a permanent plenary guardian of her person and estate should not be appointed. The time and place of hearing on the Petition for Appointment of Emergency Plenary Guardian of the Person and Estate of the alleged incapacitated person are fixed · <-5 ,Ap ,2004 at //~' :&~ ~.~/p.m., prevailing time in Courtroom # / on the 4th Floor of the Cumberland County Courthouse, Orphan's Court Division, Carlisle, Pennsylvania. The alleged incapacitated person shall be given notice of the hearing on appointment of emergency plenary guardian of her person and estate by serving her personally with the Citation and this Order of Court and a copy of the foregoing Petition prior to the time o f such emergency hearing. The Court finds that Blanche Miller has no known living relatives who could be served with notice of said hearings. The time and place of hearing on the Petition for Appointment of Permanent Plenary Guardian of the Person and Estate of the alleged incapacitated person are fixed for ,4~.faf. /q ,2004, at :52: 0L) a.m.~_~.~, prevailing time in Courtroom # / on the 4th Floor of the Cumberland County Courthouse, Orphan's Court Division, Carlisle, Pennsylvania. At least twenty (20) days written notice of the hearing on appointment of permanent plenary guardian of the person and estate shall be given to Blanche Miller, thc alleged incapacitated person, by serving her personally with the Citation and this Order of Court and a copy of the foregoing Petition together with an explanation of the content and terms of the Petition. Miller, the alleged incapacitated person. ~.~,.4~-~hall be appointed to represent Blanche BY THE COURT, .2 5 ~ IN RE: Blanche Miller An alleged incapacitated person : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANS' COURT DIVISION : NO. 21-2004-0782 IMPORTANT NOTICE CITATION WITH NOTICE A petition has been filed with the Court to have you declared an Incapacitated Person. If the Court finds you to be an Incapacitated Person, your rights ~vill be affected, including your right to manage money and property and to make decisions. A copy of the petition which has been filed by Area Agency on Aging is attached. You are hereby ordered to appear at a hearing to be held in Court Room No. _1, Cumberland County Courthouse, Carlisle, Pennsylvania, on August 25 ,200~4, at 10:00 A.M. to tell the Court why is should not find you to be an incapacitated Person and appoint a Guardian to act on your behalf. To be an incapacitated Person means that you are not able to receive and effectively evaluate information and communicate decisions and that you are unable to manage your money and/or other property, or to make necessary decisions about where you will live, what medical care you will get, or how your money will be spent. At the hearing, you have the right to appear, to be represented by an attorney, and to request a jury trial. If you do not have an attorney, you have the right to request the Court to appoint an attorney to represent you and to have the attorney's fees paid for you if you cannot aftbrd to pay them yourself. You also have the right to request that the Court order that an independent evaluation as to your alleged incapacity. If the Court decides that you are an Incapacitated person, the Court may appoint a Guardian for you, based on the nature of any condition or disability and your capacity to make and communicate decisions. The Guardian ,,vill be of your person and/or your money and other property and will have either limited of full powers to act for you. If the court finds you are totally incapacitated, your legal rights will be affected and you will not be able to make a contract or gift of your money to other property. If the court finds that you are partially incapacitated, your legal rights will also be limited as directed by the Court. If you do not appear at the hearing (either in person or by an attorney representing you) the court will still hold the hearing in your absence and may appoint the Guardian requested. Date:8-23-04 By: :~,~{.L tL[.. ~ ~"q~ ~4/:~ Clerld, Orphans' Court Division :. i~;l ~.:I~A,.(~' Cumberland County, Carlisle, pA ~'bt'llJ~[ My Commission Expires 1st Monday, January, 2006 IN RE: Blanche Miller An alleged incapacitated person : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANS' COURT DIVISION : : NO. 21-2004-0782 IMPORTANT NOTICE CITATION WITH NOTICE A petition has been filed with the Court to have you declared an Incapacitated Person. If the Court finds you to be an incapacitated Person, your rights will be affected, including your right to manage money and property and to make decisions. A copy of the petition which has been filed by Area Agency on Aging is attached. You are hereby ordered to appear at a hearing to be held in Court Room No. _1, Cumberland County Courthouse, Carlisle, Pennsylvania, on September 14 ,200~4, at 2:00 P.M. to tell the Court ~vhy is should not find you to be an incapacitated Person and appoint a Guardian to act on your behalf. To be an incapacitated Person means that you are not able to receive and effectively evaluate information and communicate decisions and that you are unable to manage your money and/or other property, or to make necessary decisions about where you will live, what medical care you will get, or how your money will be spent. At the hearing, you have the right to appear, to be represented by an attorney, and to request ajury trial. If you do not have an attorney, you have the right to request the Court to appoint an attorney to represent you and to have the attorney's fees paid for you if you cannot afford to pay them yourself. You also have the right to request that the Court order that an independent evaluation as to your alleged incapacity. If the Court decides that you are an Incapacitated person, the Court may appoint a Guardian for you, based on the nature of any condition or disability and your capacity to make and communicate decisions. The Guardian will be of your person and/or your money and other property and ~vill have either limited of full powers to act for you. If the court finds you are totally incapacitated, your legal rights ~vill be affected and you will not be able to make a contract or gift of your money to other property. If the court finds that you are partially incapacitated, your legal rights will also be limited as directed by the Court. If you do not appear at the hearing (either in person or by an attorney representing you) the court will still hold the hearing in your absence and may appoint the Guardian requested. Date:8-23-04 By:/~~,~-~.,V4,~C~[./~ ~d_~ -'~.' Clerk, Orphans Court Division Cumberlan~l ~ounty, ~arlisle, PA ~'~'~ My Commission Expires 1st Monday, January, 2006 IN RE: · IN THE COURT OF COMMON PLEAS · OF CUMBERLAND COUNTY, PENNSYLVANIA BLANCHE MILLER, ' ORPHANS' COURT DIVISION An alleged incapacitated person: · NO. 21-04-782 ORDER OF COUR___T AND NOW, this _ . day of August, 2004, upon consideration of the Petition to Extend Appointment of Emergency Plenary Guardians of the Person and Estate of Blanche Miller, it is hereby Ordered that the appointment of the Area Agency on Aging, in and for Cumberland County, Pennsylvania as Emergency Plenary Guardians of the Person and Estate of Blanche Miller be extended until a Hearing is held on the Appointment of Permanent Plenary Guardians of the Person and Estate of Blanche Miller. A Hearing is scheduled for .September 14, 2004, at 2:00 P.M. in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania for the appointment of Permanent Plenary Guardians of the Person and Estate of Blanche Miller. BY THE COURT, J. Wesley Oler, J. -- -- IN RE: ' IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA : BLANCHE MILLER, ' ORPHANS' COURT DIVISION An alleged incapacitated person · · NO. 21-04-782 P._ETITION TO EXTEND APPOINTMENT OF EMERGENCY PLENARY GUARDIANS ~OF THE PERSON AND ESTATE_~OF _BLANCHE MILLER AND NOW COMES THE PETITIONER, The Area Agency on Aging in and for Cumberland County, Pennsylvania and represents and avers as follows: 1. The Petitioner is the Area Agency on Aging (AAA), in and fo~umb and County, Pennsylvania, with its office located at 16 West High ~r Street)'carlisle~ Pennsylvania and also the Petitioner in this matter. ~ 2. --~ The alleged incapacitated person is Blanche Miller, age 89, widow, who has been residing at the American House, Apartment 204, 26 North Market Street, Mechanicsburg, Cumberland County, Pennsylvania and has resided there for a period exceeding one (1) year prior to the filing of the original Petition in this matter. 3. On August 20, 2004, Petitioner filed a Petition for the Appointment of Emergency Plenary Guardians of the Person and Estate of Blanche Miller. 4. On August 25, 2004 a Hearing was held on said Petition and, upon the conclusion of the Heating, the Area Agency on Aging, in and for Cumberland County, Pennsylvania was appointed Emergency Plenary Guardians of the Person and Estate of Blanche Miller. o The Order of Court entered on August 25, 2004 is effective for up to seventy-two (72) hours from the date of the Order. 6. Blanche Miller was discharged from Holy Spirit Hospital on August 25, 2004 and transported to ManorCare Health Services, 940 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania where she has been admitted by Petitioner. 7. Less restrictive alternatives to placement in a nursing home facility are not available. Petitioner avers that the emergency will continue if the Order of Court of August 2 5, 2004 is not extended for a period of twenty (20) days from the expiration of the initial Emergency Order. 8. Counsel for Blanche Miller, Michael A. Scherer, Esquire, has indicated that his client would oppose the extension of the Emergency Order for twenty (20) days. 9. Petitioner avers that if the Order of Court, dated August 25, 2004, is not extended for twenty (20) days Blanche Miller will be placed at imminent risk of harm because she is not capable of caring for herself and is not capable of handling her finances. 10. The Petitioner, at the final hearing, will request that a final Adjudication of the capacity of Blanche Miller be made and that an Order of Court be entered wherein the Emergency Plenary Guardians of the Person and Estate of Blanche Miller be made Permanent Plenary Guardians of the person and estate of Blanche Miller. WHEREFORE, Petitioner prays that this Honorable Court: 1. Extend the appointment of the Emergency Plenary Guardians of the Person and Estate of Blanche Miller for twenty (20) days; and 2. Appoint Petitioner as Permanent Plenary Guardians of the Person and Estate of Blanche Miller at the conclusion of the final hearing. Respectfully Submitted, An'l'hony L. 113 Front Street r P.O. Box 358 Boiling Springs, PA 17007 (717) 258-6844 Counsel for Petitioner VERIFICATION I hereby verify that the facts and information set forth in the foregoing Petition To Extend Appointment of Emergency Plenary Guardians of the Person and Estate 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. Priscilla Whitman IN RE: : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA : BLANCHE MILLER, : ORPHANS' COURT DIVISION An alleged incapacitated person: : NO. 21-04-782 ORDER OF COURT AND NOW, this 2_ r~ ~, day of August, 2004, upon consideration of the Petition to Extend Appointment of Emergency Plenary Guardians of the Person and Estate of Blanche Miller, it is hereby Ordered that the appointment of the Area Agency on Aging, in and for Cumberland County, Pennsylvania as Emergency Plenary Guardians of the Person and Estate of Blanche Miller be extended until a Hearing is held on the Appointment of Permanent Plenary Guardians of the Person and Estate of Blanche Miller. A Hearing is scheduled for September 14, 2004, at 2:00 P.M., in Courtroom No. I, Cumberland County Courthouse, Carlisle, Pennsylvania ~ appointment of Permanent Plenary Guardians of the Person and Estate of Blanche Miller. BY THE COURT, TI/tv',,, ler, ~ /,.~sley O IN RE: Blanche Miller : IN THE COURT OF COMMON PLEAS OF An alleged incapacitated person : CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANS' COURT DIVISION : : NO. 21-2004-782 IMPORTANT NOTICE CITATION WITH NOTICE A petition has been filed with the Court to have you declared an Incapacitated Person. If the Court finds you to be an Incapacitated Person, your rights will be affected, including your right to manage money and property and to make decisions. A copy of the petition which has been filed by Area Agency on Aging is attached. You are hereby ordered to appear at a hearing to be held in Court Room No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania, on September 14 ,2004, at 2:001/M. to tell the Court why is should not find you to be an incapacitated Person and appoint a Guardian to act on your behalf. To be an incapacitated Person means that you are not able to receive and effectively evaluate information and communicate decisions and that you are unable to manage your money and/or other property, or to make necessary decisions about where you will live, what medical care you will get, or how your money will be spent. At the hearing, you have the right to appear, to be represented by an attorney, and to request a jury trial. If you do not have an attorney, you have the right to request the Court to appoint an attorney to represent you and to have the attorney's fees paid for you if you cannot afford to pay them yourself. You also have the right to request that the Court order that an independent evaluation as to your alleged incapacity. If the Court decides that you are an Incapacitated person, the Court may appoint a Guardian for you, based on the nature of any condition or disability and your capacity to make and communicate decisions. The Guardian will be of your person and/or your money and other property and will have either limited of full powers to act for you. If the court finds you are totally incapacitated, your legal rights will be affected and you will not be able to make a contract or gift of your money to other property. If the court finds that you are partially incapacitated, your legal rights will also be limited as directed by the Court. If you do not appear at the hearing (either in person or by an attorney representing you) the court will still hold the hearing in your absence and may appoint the Guardian requested. Date:08-30-2004 Clerk, Orphans; eourt nNision (~C Cumberland County, Carlisle, PA ~.., ,, . My Commission Expires 1st Monday, January, 2006 IN RE: : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BLANCHE MILLER, : ORPHANS' COURT DIVISION An Alleged Incapacitated : Person : NO. 21-04-782 IN RE: PETITION FOR APPOINTMENT OF EMERGENCY PLENARY GUARDIAN OF PERSON AND ESTATE BEFORE OLER, J. ORDER OF COURT AND NOW, this 25th day of August, 2004, upon consideration of Plaintiff's petition for appointment of emergency plenary guardian of the person and estate, and following a hearing, it is ordered, adjudged and decreed as follows: 1. Blanche Miller is adjudicated an incapacitated person on an emergency basis. 2. The Area Agency on Aging in and for Cumberland County, Pennsylvania, is appointed emergency plenarly guardian of Ms. Miller's person and estate. 3. The guardianship of the person shall extend for a period of 72 hours, subject to the guardian's right to apply for an extension of 20 additional days; the guardianship of the estate shall extend for a period of 30 days. 4. The guardian is directed to exhaust all possibilities of residency other than a nursing home prior to considering placement of Ms. Miller in a nursing home, and to preserve and protect her cat from harm. BY THE COURT, Anthony DeLuca, Esquire 113 Front Street P.O. Box 358 Boiling Springs, PA 17001 Attorney for Petitioner Michael A. Scherer, Esquire 17 W. South Street Carlisle, PA 17013 Court-appointed attorney for Blanche Miller :mae IN RE: : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BLANCHE MILLER, : ORPHANS' COURT DIVISION An Alleged Incapacitated : Person : NO. 21-04-782 IN RE: PETITION FOR APPOINTMENT OF EMERGENCY PLENARY GUARDIAN OF PERSON AND ESTATE BEFORE OLER, J. OPINION and ORDER OF COURT Oler, J., August 25, 2004. At issue in the present case is whether Blanche Miller should be adjudicated an incapacitated person on an emergency basis, and, if so, whether Petitioner, the Area Agency on Aging in and for Cumberland County, Pennsylvania, should be appointed emergency plenary guardian of her person and her estate. A hearing was held in this matter on August 25, 2004. The allegedly incapacitated person was present and represented by her court-appointed counsel, Michael A. Scherer, Esquire. Based upon the evidence presented at the hearing, the following Findings of Fact, Discussion and Order of Court are made and entered: FINDINGS OF FACT 1. The allegedly incapacitated person is Blanche Miller, a domiciliary of Cumberland County, Pennsylvania, born July 28, 1915; she has been residing at the American House, Apartment 204, 26 North Market Street, Mechanicsburg, Cumberland County, Pennsylvania, and is presently, on a temporary basis, a patient at the Holy Spirit Hospital in Cumberland County, Pennsylvania. 2. Petitioner is the Area Agency on Aging in and for Cumberland County, Pennsylvania, with offices located at 16 West High Street, Carlisle, Cumberland County, Pennsylvania. 3. Ms. Miller suffers from senile dementia, Alzheimer's type. 4. This condition has existed for several years and has recently become more symptomatic. 5. As a consequence of the illness, Ms. Miller's ability to receive and evaluate information effectively and communicate decisions in any way is impaired to such a significant extent that she is totally unable to manage her financial resources, and totally unable to meet essential requirements for her physical health and safety. 6. The prognosis for improvement in Ms. Miller's condition is guarded. 7. Ms. Miller's income is about $1,500.00 per month, and she does not appear to have resources in the form of assets, family or friends available to meet her immediate needs. 8. Ms. Miller's symptoms have advanced to the point that her short term memory is poor, she has had numerous contacts (of a non-criminal nature) with the Mechanicsburg Borough Police Department, and she is about to lose her apartment through eviction. 9. The medical necessity for Ms. Miller to be at Holy Spirit Hospital no longer exists and her discharge to a safe environment is needed. 10. Ms. Miller's symptoms have unfortunately reached the point that, given the absence of support of resources, (a) she is in need of a plenary guardian of her person and estate and (b) a failure to appoint such a guardian will result in irreparable harm to her person and estate. 11. The durations of the necessary guardianships of the person and estate shall be as long as permitted by law, but, because the guardianships have been requested on an emergency basis, by statute the emergency guardianship of the person may not extend beyond 72 hours in the absence of further Order of Court (and in no event may continue more than 20 days thereafter), and the emergency guardian of the estate may not extend beyond 30 days. 12. The foregoing Findings of Fact are made on the basis of clear and convincing evidence. DISCUSSION Under Pennsylvania law, an emergency guardian of the person and/or estate may be appointed in the case of a person alleged to be incapacitated "when it appears that the person lacks capacity, [the person] is need of a guardian [,] and a failure to make such appointment will result in irreparable harm to the person or estate of the alleged incapacitated person." Act of June 30, 1972, P.L. 508, Section 2, as amended, 20 Pa. C.S. Section 5513. An "incapacitated person" means an adult whose ability to receive and evaluate information effectively and communicate decisions in any way is impaired to such a significant extent that he is partially or totally unable to manage his financial resources or to meet essential requirements for his physical health and safety. Id. Section 5501. Proof in such a case must be by clear and convincing evidence. Id. Sections 5511(a), 5513. In the present case, Petitioner has demonstrated by clear and convincing evidence that an emergency adjudication of incapacity and appointment of a plenary guardian of the person and estate are appropriate. For this reason, the following Order of Court will be entered: ORDER OF COURT AND NOW, this 25th day of August, 2004, upon consideration of Plaintiff's petition for appointment of an emergency plenary guardian of the person and estate, and following a hearing, it is ordered, adjudged and decreed as follows: INDEX TO WITNESSES FOR PETIT lONER D [RIdCT CROSS REDIRECT R~CROS S [)~. Robezt Kusztos On qualiflicati{}ns ~ .... Dr. Robert Kusztos 7 14 -- Prisci ] Ia Whitmdn 15 24 .... Cathryn Howery 27 ..... Kat h]een Bodek 34 ..... William R. Heneses 39 42 -- - Susan Zeig]ez 43 ...... I)iane Oou~ ley 48 49 -- Sherry G[iez 5] 53 P'OR BLANCHE MILLER Blanche Hiller 5~ 60 -- - 2 TNE COURT: This is the time foF a hearing on 2 a peLition £or the appointment ef an emergency plenary 3 guardian of the person and estate iN accordance w~th 4 20 Pa. O.S. Section 55]3. We will let the ~ecord indicate 5 ~hat the allegedly incapacitated person, Bla~lche Hiller, is 6 present i.n court with her co~r~ appointed counsel, Hichae~ 7 Scherer, Esq/~ire, hhe Petitiene~, whicN is the Area Agency 8 on Aging, ~is represented today by An{bony [}eLuca, Esqukre. 9 Mr. 8eLuca and Hr. Scherer, did you want to say anything by 10 way ef preliminary remarks before the hearing begh~s? ]] HR. SCHERER: No, Your Nonor. 12 HR. DELUCA: No, Your Honor. 13 THE COURT: Ail r~ght. Hr. DeLuca. 14 HR. DELUC~: Your Honer, I would like t© call 15 as ou~ first ~itness DF. Robert Kusztos. 16 THE COURT: Could you spell h~s name? 17 HR. DELUCA: K ~ s-t-o s. 18 THE COURT: Okay. 19 HR. 8F~LUCA: Ail right. Arid he is o~ {he 20 he]ep}~ene, Your Honer. Dr. Kusztos, can you hear me ali 21 right? 22 DR. KOSZi'OS: Nold for a second. 1'11 get a 23 better mike for you. This is Sr. Kusxtos. 24 MR. 8~:NUCA: Good morning, Dr. Kusztes. Hy 25 r~ame is Anthony DeLuca. I'm the solicitor for the Office of 3 1 Aging in Cumberland County, and we are present in court 2 before Judge Oler, and present is Blanche Hiller. 3 DR. KUSZTOS: Right. 4 HR. DNLUCA: With her counsel, Att©rney 5 Michael Scherer. And we have some questions for you. 6 First, T will ask you some questions, and then HF. Scherer 7 will ?lave an opportunity to ask some. 8 DR. K~SZTOS: Sure. 9 HR. DELUCN: As well as the Con~t. 10 TNE COURT: Dr. Kusz~es, would your raise ] 1 your ~ight hand, please? ] 2 Whereupon, 13 DR. ROBERT O. KUSZTOS 14 having been duly sworn, testified as ffollews: 15 TNE CO[JRT: Ai~ £ight. Thank you. Hr. 16 DeLuca. 17 HR. DELUCA: Thank you. ]8 D~RECT EXAHINATION 19 ON QUALIFYCATIONS 20 BY HR. DELUCA: 21 Q 8octor, what is your ~ull name, please? 22 A Robert D. Kusztos, K u-s-z-h o-s. 23 © Okay. And, sir, what is the natalie of your 24 professfion? 25 A I'm an internal medicine doctor. 4 1 Q And where did you a~tend college? 2 A Hedica~ School in Hungry, Budapest. 3 Q And did you rote{ye a degree there? 4 A Yes. M.D. degree. 5 Q And what was the date of that degree? 6 A 1977. 7 Q Okay. And did you receive any additional 8 special training? 9 A I did a residency in PennsyJvania at a 10 Pennsylvania hospital. 11 Q And what was the nature of that ~esidency? 12 A I graduated from the reskdency in 1998. 13 Q And what was the residency what was the 14 specialization of that residency? 15 A internal medicine [.raining. 16 Q And hew long have yet: been p£acticing in that 17 area? 18 A In this area, 3 1/2 years. Close to 3 1/2 19 years here ~n the Capita] area. 20 Q Okay. And hew long have you been practicing 21 internal medicine? 22 A Since 1980. 23 Q And are you affiliated with any hospital in 24 this area? 25 A Yes. it's the Holy Spirit Hospital, 1 Harrisburg Hospital, and Healthsouth Rehabilita{ ion Hospital 2 4n Mechanicsburg. 3 Q And are you Jn pr4vate practice also? 4 A Yes. With CeT~ner-Rich Associates. 5 Q And how long have you been in pratt ~ce with 6 that f i tm? 7 A Since (he past 3 years this Hay. 8 Q Sir, do you have any - are you a member of 9 any societies or committees? 10 A The Amenican College of Physic i. ans. 11 Q And de you have -- 12 A The Pennsylvania Medical Society. 13 Q Do you have any fellowships, siF? 14 A Any what? 15 Q Fei lewships? 16 A i can't understand you. 17 Q Have you published anything? 18 A Yes. 19 Q What have you published, Doctor? 20 A it involved brain receptors in the Sournal ef 21 Neurobiology ef Aging. 22 Q Doctor, does any paFt ef your practice deal 23 with older peep]e? 24 A Yes. 25 Q What percentage would you estimate? 1 A Well, our p£actice, it is abouh rouqhly 2 ][ke '?0 to 75 percent of our patient population is Medicar'e 3 patienhs. 4 MR. DI{LUCA: Your Honox, I would like to 5 offer Or. Kusztes as an experT_ in internal medicine. 6 THE COURT: Ail rlght. Doctor', are you 7 licensed to p[actice medicine in Pennsylvania? 8 THE WITNESS: Yes. 9 THE COURT: Ail right. And hew long have 10 you been ]icensed? 11 THE WITNESS: How long? 12 THE COURT: Yes. 13 THE WITNESS: Since 1998 when I finished my 1~ res i dency. 15 THE COURT: Ail right. Mr. Soberer, do yon 16 have any queshiens for the Doctor en qualifications? 17 MR. SCHERER: No, Your Honor. 18 THE COURT: All right. He will be 19 pe£miL~ed Lo Lestify as an expe~t in the area proffered. 20 DIRECT EXAMINATION 21 BY MR. DELUCA: 22 Q Okay. Doctor, are you familiar with a lady 23 by the name ef Blanche Miller? 24 A Yes. I have seen her over at the Holy Spirit 25 flospita] . 1 Q ()kay. How many times have you seen her, 2 Doctor? 3 A Probabiy like seven days or se. 4 Q When was the last time that you saw her? 5 A Yesterday. 6 Q Doctor, did you conduct an examirlatien of 7 her? 8 A Yes. 9 Q And what did that e×amination consist of? ]0 A She's an 89 year old white J!emale who has 11 current medical conditions, atrial fibu]atien. She has a 12 pacemaker. She also p£obably suffered a small stroke, a 13 ministroke called TIA during heF hospitalization. She has 14 cognitive dysfunction. My ~mpressien is that she had this 15 cognitive dys[nnchion for a while, it's not new. She has 16 cry{ng spells. She's very confused. She doesn't really 17 know what is going on around her. She probably knows she's ]8 at Holy Spirit Hospila], but probably thak's all. ]9 She keeps askkng questions, what will be done 20 with me? The only person that visit her is friend from hhe 21 church. We do not know that she has any P.O.A. oF any 22 ~elatives in the area. She would be unable to take care of 23 herself. She needs s~]pervisien 24 hour a day. 2d Q Doctor, did you request any - or have any 25 consultations with other physicians regaKd~r~g her? 8 A Yes. We asked the neurologist to see her 2 ~ w=~h the TIA, and also we ask the social services arid 3 physical therapist serv{ces to see her. 4 Q New, did the neurologist provide yon with any report or notes uegarding his diagnosis for her? 6 A Right. The neuroleg[st thinks tha~_ she 7 might have had a TI'A, but the neur'ologist doesn't pre]oct 8 any any ma}er, you know, medical inhervention, jnst more 9 like supportive care. 10 Q Did the report indicate that her cognitive ] ] abilities have been impaired? 12 A When I seen her, thah was my impression every 13 day, that she's confused, she is disoriented, she has 14 cognitive dys function. 15 Q And what cognitive dysfunc[ ions does she 16 have, Doctor? 17 A I Ihink the diagnosis wonld be senile 18 dementia Alzheimer's type. 19 Q And what are the charactesistics of that? 20 A Short term memory, impairment of jt~dgment, 2] taking care of her activities of daily living, d~essing, 22 feeding, you know, taking care of financial banking, you 23 know, shopping, I think she is impaired. She cannot do 24 these basic f~nctions of life. 25 Q And, Doctor, these have been your 9 1 observations? 2 A Say again, please. 3 Q These have been your observations? 4 A That's ms~ obser'~at{on, yes. 5 Q And has that been confirmed to any degree by 6 the neurologist ? 7 A Yes. The neurologist also [h[nks that 8 that's the situation. 9 Q (}kay. Doctor, is there any less restrictive 10 alternative that wo~J]d be available for her other than a 11 nlJrsing home? 12 A I think what I see here, probably the 13 patient's best interests would be a nursi, ng home. She would 14 need constant st~pervision just for ~eeding, d~essing, to de 15 physical therapy, to administer her regular medica{ ions. I 16 think a nursing home won]d be p£obably the best thing for 17 her. 18 Q And, Doctor, is part of tha[~ because he~ 19 short term memory is such that she would net be able to 20 recall when she should, for example, take her medicat{on? 21 A That's correct. 22 Q What kind of medication does she take? 23 A She's taking medications fo~ the atrial 24 fibulation, for the coronary heart disease. 25 Q Okay. Doctor, did you indicate before in ]0 1 your testimony that she suffered a small stroke or a TIA? 2 A Probably she suffered a TI/~, whioh is a hype 3 of stroke, within maybe 24 hours, and that epJnior/ of the -- 4 the diagnosis of the r~eurologist too. 5 Q And was that within 24 holtrs after she was 6 admitted to the hospital? 7 A Yes. It looks like she i~/proved, and /he 8 ministreke resolved. 9 Q Okay. Doctor, I'm going te read you a 10 defknikion, a legal defi. nition of an incapacitated person, 11 and then I'll have a couple of questions to ask you 12 afterwards. 13 A Okay. 14 Q Okay? Under the law an incapacitated person ]5 means afl adult whose ability to receive and eva] ~ate 16 information effectively and ceramunicale decisions in any way 17 is impaired te such a sign i[icant extent that he or she is 18 partially er totally /~nab]e te manage his or he~ financial 19 resources o[ to meet essential requirements for his el- her 20 physical health and safety. 2] Now, Doctor, taking into account yenK 22 observations ef Hs. Hiller and the consultative report that 23 has been furnished te yet: by the ne~rologist, de you have art 24 opinion based upon a reasonable degree of medical certainty 25 as te whether er not she is impaired to snch a significant extent that she is partially or totally unahke to meet the 2 essential requirements for her physical health and safety? 3 A Yes. I think she has impairments, and she 4 cannot take care of herself. 5 © Okay. Again, Doctor, the same quesl ion. 6 Based upon your observations o~ Hs. Hi l ~er, together with 7 the censultal ion with a ne~lrologisL, do you have an opinion, 8 based t~pon a reasonable degree of medical certainty, as to 9 whether she is impaired to s/~ch a signkficanh extent that 10 she is partially er totally unable te manage her li~nancial ] 1 resources? 12 A Yes, she is. 13 O Okay. And is that oplinion also based upon 14 her ability ko receive and evah~ate information effectively 15 and te communicate those decisions? 16 A Right. That's correct. 17 © Are yo~ saying, Doctor, that she cannot 18 effectively communicate {_hose decisions? 19 A Ne, she cannot. 20 HR. DELUCA: Okay. Your Honer, I have no 21 other qt~est hons. 22 TIlE COURT: All right. 23 BY THE COURT: 24 Q Doctor, de you know when her condition 25 started? 12 1 A Hell o? 2 Q Are you able to say when her condition 3 started? When she became --- when she first SL~fered from 4 senile dementia? 5 A My impression is thak she has been senile 6 demenLi, a Alzheimer's type probably For years. I didn't 7 meet her in the past, but my impression, based on what I 8 seen when I Eo]]owed her day Lo day in the hospital, I think 9 this is a condition which is not - didn't develop 10 oveF~light. It developing for years, probably getting 11 gradually worse. 12 Q And what is the prognosis? 13 A The prognosis off senile des~entia Alzheime['s 14 type is usually poor. It cannot be treated. We de not 15 have effective treatment for senile dementia A]zheimer's 16 type. ?hese patients need constant supervision with, you 17 knew, basic daily life living. 18 Q And do you have an opinion tea reasonable 19 degree of medical certainty as to whether he~ incapacity is 20 total er partial? 21 A I think I would say total. 22 THE CO{IR'i': Ali ~ight. Hr. Scherer, do you 23 have any questions? 2~ HR. SCHF. RF.R: Yes, Your Honer. 25 13 ] CROSS EXAHiN/~TION 2 BY HR. SCHBRF. R: 3 Q Doctor, aside f~om the medication that you d indicated that Hs. Hi l ier needs at this time, is there any 5 other medical treatment she needs presently? 6 A Yes. She is taking medications lot the 7 heart and for the coronary heart disease and for the 8 atrial fibulation. She needs {o take these medications ena 9 regular basis, yes. 1{} © Is there any medical treatment or proced~E'es 11 that she is in need of a{ this time? 12 A Nc} procedure is needed at this ~ i~le. ]3 Q Is LL fair to say that her condition Fequires 14 her te have supervision at this time? 15 A Say that again, please. ]6 Q Is it fair te say tha{ her eondilien req~iires 17 her he have supervision? 18 A Yes. She needs supervisions, yes. 19 HR. SCHERF~R: Thank you. I don't have any 20 other q/iestiens. 21 THFi COURT: Hr. OeLuca? 22 HR. ~F, LUCA: No questions, Your 23 TIIE COURT: Ail right. Doctor, this is 24 Judge Oier. Thank you very much for taking your time this 25 morning, and you are excused. Thank you. 1 HR. SCIIERER: Thank yeti, l)octor. You' re 2 excused. 3 THF. WITNESS: Thank you very much. Have a 4 good day. 5 THE COURT: Thank you. 6 Whereupon, '? PRISCII~I,A N. WHITMAN 8 having been duly sworn, testified as follows: 9 DIRECT EXAHINATION 10 BY HR. DELUCA: 11 Q What is yeur name, please? 12 A My name is Priscilla N. Whitman, 13 Whitman. 14 Q And, Hs. Whitman, how are you employed? 15 A I'm emp]eyed at the Cnmberland County Ol;[ice 16 of Aging as a case manageK. 17 Q And how leng have you been employed theze? ]8 A I've beerl empleyed there since December of 19 1985. 20 Q And is your office located at I6 North High 21 S[reet? 22 A Yes, it is. 23 Q Okay. Are you fami liau' with Blanche Miller? 24 A Yes, [ am. 25 Q When did you first become acq~]ainted with 15 1 her? 2 A I first became acqua'inted with Blanche Hi~ler 3 last year, Septe~ber 18th ef 2003. 4 Q And how did you become acquainted with her? 5 A I had ~eceived a referral from Comfor~ Care 6 because Blanche had been in the hospital, and Coml:ort Care 7 is Holy Spirit's social services, and they asked me to go 8 out and visit her ho see if hheue was any additional 9 services we could provide at that time. 10 Q And whe~'e was she residing at ~lat lime? 11 A She resides at 26 Norlh Harket Street in 12 Hechanicsburg, Apartment 204. It's the American House, 13 which is managed by hhe Cumberland County Housing Authority. 14 Q Arid how old is Ms. Hiller? 15 A She is 89 years old. Her birthday is July 16 28th, 1915. 17 Q And when you first went out there, whah were 18 yeu~ observations? 19 A Hy observations at that time was that she was 20 very weak. She had been home just for about 5 or 7 days 21 from the hospital. She had been in for' pneumonia and 22 atrial fibulation, and at that time she seemed just 23 physically weak. Cognitively she was able to answer some 24 of the questions that I do for the assessmen~ p~ocess in 25 obtaining services. 16 1 One thing that did occur during that time was 2 that friends of hers ack'dally -- I gness it's her' paskor, 3 Hr. and HFS. Parker, had come in, arid -- with some 4 g~eceries, and Blancbe was t~ying to write out a check to 5 reimbl~rse them for that, and it took her three times to be 6 able to do ~hah, arid en the third time I suggested that 7 somebody just write ou~ ~he amount, and you know, she sign 8 it, but she was veFy distraugh~ at that ~ime in trying to 9 write out a check. 10 Q And this was when? 11 A This was back September 18th, 2003. 12 Q Did you s~bsequently go back and see he~? 13 A Yes. I saw her. She was act~a]ly open for 14 services thro~lgh o~ e£fice. We had in-ho~e snppor-[ 15 services of laundry arid grocery shopping ena weekly basis 16 [o~ three hours, and then when Comfort Care discharged her 12 their personal care services, ye~ know, we went in. We 18 were te ge in three times a week to do personal care plus 19 the in-home services. 20 We had g~eat difficul{ y at the time tha~ we 21 were in there beca~se Ms. Hiller was net al lowing ns in. I 22 had te get the police te co~e te open up khe building. 23 There was an apartment manager who is there, but her hours 24 are limited. Arid so in order to enter the building, yon 25 must, yon know, cai 1 the person, and they im~st buzz you in. 17 1 I%'s secure, and it was very difficu]t for i~s to do that 2 because Blanche did net answer the phone. 3 Another occasion her phone had a message ~ s~yinc~ it was disconnected so she co~ldu't --- we couldn't 5 even call her. And the aides also f'ound heF either kip the 6 street or down the street. You know, she was not home. We '? had schednled i~ so that it wo~]d be the same time, you 8 knew, during the week that we would he there, but Blanche 9 had di ff~culty remembering ~hat. 10 Q And what specific services were offered by 11 the Office of Aging? 12 A In 2003 it was personal care three times a 13 week, and laundry and grocery shopping and errands and flight 1~ meal prep, i ~ she requested it, once a week. 15 Q Se the personal care was three times a week? 16 A Three times a week at her request, yes. 17 Q For how long? 18 A Well, ih was [o cerltinkle, b[~t because of the 19 problems we were having, that we could net provide the 20 service, aftex several times ef net being able to de that, 21 we had te stop. And I tried te contact Blanche about this, 22 but was not able to get her. 23 Q And when did this stop? 24 A That time it stopped the end of NovembeE, and 25 I had seen her other times during that time, and, you kr]ow, ]8 I tried to remind her when we were coming, bnt T did notice 2 that she was paranoid at that time, even in 2003. I made a 3 visit, and she was ali upset because somebody was 4 terrorizing her cat, and her cat was sleeping very 5 peacefully on her bed, and, yet: know, I mentioned this te 6 her, and she just said, no, somebody's in here te£rorizing 7 my cat. The cat did come et~t eventually arid seemed fine. 8 Blanche had difficulty with medications, and 9 she at one time said, I don't need this. I am not sure what 10 the medication was but just threw it en the [.able. Haki. ng 11 out a grocery list I was there once when the home health 12 aide actually was theFe, and we tried, with a lot e[ verbal 13 c/~eing, [e get her to state to us what groceries she needed. 14 So it was very difficult to p~ovide the se[vices because we 15 could not, number one, get irt, and number two, her cognitive 16 deficits and not being able to express her needs, we just ]7 were not able to p~ovide the service fo~ her. 18 Q New, with respect to the other' services that 19 were provided, when did they sLaFt? 20 A Okay. We were in twice. In 2003 we were 2] in from September to November. %'hen I became reinvelved 22 with her in June ef 2004. And in July I made a home visit 23 te set up services, again. At that time I noticed more of a 24 decline in her mental abilities. It was actually a joint 25 visit with Theresa HcKissik (phonetic) from the Housing 19 Authori{y, and Blanche was very agitated dnring that v~sit, 2 net able to give me any medical information regarding 3 herself. I got it from Comfort Care, who again had been in, 4 and I got the medical information from their file. 5 At that time Blanche told Theresa and myself 6 that somebody was stealing, and that was snmething tha[~ 7 had heard in 2003 too. She claims that people have keys 8 her apartment. They're always coming in. She poia{_ed to a 9 bookcase and said, leek, who we~ld take {.hat book out, and 10 she, you know, would throw it on the ~]eer. [ mean she 1 l would physically go over there, take a book, and throw it on 12 {2~e fleer. 13 We noticed on he[ calendar that she had a 14 pacemaker check, and she said that was net her wK'iting. 15 When we tried to tell. her maybe the nurse from Comfort Care 16 had set up that appointment, she said, no, that's net my 17 writing, and I would know if somebody was in my apartment. 18 Stains on the £]oor she claimed were you 19 know, somebody came in and did that p~]rposefully. 20 Q What kind ef stains did yo~l observe en the 21 floor? 22 A I don't know if -- they we[e net any local 23 matter o~ anything like that. It was j~st d~rt stains or 24 dark stains. I don't know if somebody }]ad spilled something 25 there or what, but again, it was -- she's always pointing at 2O I somebody else. If you Irv to suggest maybe she had 2 acciderltally spilled something, she will deny that. 13 O Do you know what causeJ he~ to be 4 _hospitali zed? 5 A When? This last time? 6 Q This last time. 7 A Okay. She was hospitalized on Rug~st 7th, 8 arid what i was informed by Cathryn of ~he Housing An~hority 9 is that someone had bronght her apparently Blanc}lo had 10 been out, and Blanche dues walk arolmd town a little bit, II and someone, a marl, had brought her back ko the apartment, 12 Amexican House, and they summoned an ambulance, and she 13 agreed ~o go. 14 When I talked te Blanche abo~ it in the ]5 hospital when I saw he~, she did not remembe~ the incident. 16 She did not know why she was there. She felt ~hat i[ she 17 was net feeling well, she would have called her doctor. 18 She didn't have any recollection ef how she gel. there ez' why 19 she was there. 20 Q Do you know who her doctor is? 21 A Dr. ToFchia. 22 Q Dr. Torchi a? 23 A Let me double check that. Well, it's 24 Conner Rich Kearney Terchia Associates. 25 Q Where are they located? 21 1 A in Camp Nill. 2 Q Besides the hospitalization in September of 3 2003 and the most recent cue, are you aware of any other d hospital izatiorls? 5 A She was hospitalized at Hershey briefly 6 because she had fallen in the back parking lei of Ainerican 7 House and had badly bruised her face and was taken to 8 Hershey at thah 9 Q And when did that take place? 10 A That was in -- eh, I believe it was July. 11 Let me check. It was in the summer. It was el[her Jnne or 12 Jul y. 13 Q Of this year'.} 14 A Yes. 15 Q Okay. Are you aware of any known Eelatives 16 of Ms. Hiller? 17 A No, I am net, and when I have asked her, she 18 tells me her only relatives are dead relatives. 19 Q And, to your knowledge, she resides alone in 20 her apartment? 21 A Yes, she does. 22 Q Are you aware ef her monthly income and the 23 assets that she possesses? 24 A Yes. I talked to Vicki Bogus (phonetic) of 25 PNC bank, which is located right across from the American 22 1 Honse, and ~ talked to her foF two reasons because to get 2 her income, which is her Social Secnrity amoun~i, it's 1451, 3 and she does have a lithle bit :in savings and checking, 4 which -- it's approximately a thousand do] tars totaL. 5 But in talking with Vicki, she mentioned ~hat 6 Blanche had been comling over there, and they made some sort 7 of arrangement so that she her bills could be paid 8 because Blanche was no longer able to do that, and Vicki was 9 very much appreciative of the fact that somebody was doing 10 something for Blanche because ~hey have seers her dec] i~e 11 mentally. They were very much concerned about her', and in 12 the bank Blanche would, again, lell the stories about people ]3 -- yon know, the paranoia would come up, that people were 14 stealing and taking things from her, and se, yon know, Vicki ]5 was glad tha~_ we were pursuing guardianship for her. 16 Q Okay. Tn the petition it is alleged that 17 her income is approximately $1,384.00 a month. 18 A Okay. I gave you the amount -- her gloss 19 amount. Her net amount would be that. 20 Q Okay. De you know whether er not 21 Hs. Miller has been represented in ~he past by an attorney? 22 A She has stated te me that she has an 23 attorney, a}ld, in fact, in the hespita] she told me that -- 24 when T mentioned about {he guardianship, she told me his 25 name is Hr. Snage]puss, and we fig~red out it was 2 ~ 1 Hr. She]baker of Hechanicsburg. And I called his office 2 and informed him of khe hea~ing, and apparently he has not 3 had any dealings with her recenh]y. 4 Q But he i s awa Fe -- he was made aware -- 5 A fie was made aware of this court heating, yes. 6 Q Hs. Whitman, you had an eppoK[unity to revZew 7 the petition that has been filed in this matter. Is 8 everything that's set forth in there true and correct, ~o 9 the besL of your- knowledge? ~0 A Yes. II HR. DELUCA: That's ail ~ have of this 12 witness, Your Honer. ]3 TIIE COURT: Mr. Scherer, may I ask a couple 14 quest] ()ns fi rst? 15 HR. SCHERER: Cerl airily. 16 BY THE COURT: 17 Q Does she still have her ho~e available to ] 8 her? 19 A Right now I believe the Hot,sing Authority is 20 thinking about doing an evict].on process. There is a 21 wi. tness here, Cathryn Hewery, who will speak -- address 22 that. 23 THE COURT: Oh, all r'ight. ~r. Scherer. 2fl CROSS EXAHINAT TON 25 BY HR. SCHERER: 24 1 Q Did Blanche have a condition or an in}~J~y on 2 August Itt of this year L'hat required trea{ment? 3 A Ali I know is that stle -- when i saw her 4 afterwards, she had fallen, and her ~ace was badly b~uised. 5 ~ do not have g~edical ~ecords ~rom Hershey as fa~ as what 6 might have happened er what her medical condition was. 7 Q Is the fail what resulted in her s!ay at He]y 8 Spirit IIespital ? 9 A No. That was a different admission. l0 Q And do you know ~he backgronnd of tha{ 1 ] admission? 12 A The admission -- her most recerlt admission 23 was due to the ~act that she was oL~L wandering oK walking 14 the streets, and a man came and I don't know if she was 15 crying and complaining ef right knee pain, b~t he b~ought 16 her back to {he apartmen~ house, and they called 17 ambulance, and Blanche did go ~o the hospital. And i don't 18 know if she -- you knew, what Lhat was for, nn]ess it was 19 had to do with her atrLal fib. 20 Q {}kay. When was the last time yo~ were 21 Blanche's apartment at the Amer{can Ho~se? 22 A ~ was there, the last visit, on Jnly 30~h. 23 Q And what were the conditions [hat you 2d observed en J~ly 30th? 25 A Her apartment is somewhat clutter'ed and it 25 needs a general cleaning. She has very i imited, you know, 2 food. That's another area that we' ['e very milch concerned 3 about, is food, beca~se khere's really nothing much there. 4 HR. $CNERER: I alidn't heai the last par't ef 5 your answer. 6 TNR WITNESS: I said that food is another 7 concern of ouzs because most off the t hues her cnpboa/ds a/e 8 bare, and when offered to get - you know, i~ ye~ offeu to 9 buy her feed she declines, arid that was another problem we 10 had with the home health agency. The last time, you blow, 11 she had laundry there that obviously needed done, and she 12 ref~sed kt. 13 HR. SCHERER: Thank you. I don't have any ] 4 other questions. 15 THE WITNESS: Okay. 16 HR. DEI~UCA: That's all of the q~lestions. 17 TIlE COURT: Where was she ea~ ing? Do you 18 know? 19 THE WITNESS: To the best of my know]edge, we 20 think she wonld walk np to the Gingerbread Hah or the Colony 21 House restaurant in Hechanicsb~rg, and I d~d witness her 22 walk a couple off times en the street. She wakks, at tha% 23 time, with a walker, very frai i. We're very mklch concerned 24 abont her crossing the street because she is very slow, and 25 the Colony House is on the opposite side - the Gingerbread 26 1 Han she woL~ld still have to cross hhe sLn'eet, but [he other 2 one she would have te cross two main streets. 3 TF{F', COURT: And how would she get morley to 4 pay ~OF these things? 5 THE WITNESS: I assumed she and the bank had 6 made s()me a~rangements. 7 THR COURT: Yeu may sLep down. Thank yolJ. 8 Whereupon, 9 CATHRYN HOWERY 10 hav~ng been duly sworn, Lestified as follows: 11 DIRECT EXAHINATION 12 BY MR. D~i[,UCA: 13 Q What is you~ name, please? 14 A Hy name is Cathryn Hewery. 15 'PRE COURT: Is Cathryn with a K? 16 THE WITNESS: A C. 17 TIlE COURT: A C? 18 THE WITNESS: Yes. 19 BY HR. DELUCA: 20 Q Hs. Hewery, how a£e you employed? 21 A I'm the preperty manage/ he P~nerican House 22 Apartments in Mechanicsburg. 23 Q And where is thai ]coated? 24 A 26 North Hazket Street. 25 Q And 2¸7 1 THE COURT: 26 North Harket Street in 2 Mechanicsburg, Pennsylvania? 3 THE WITNESS: Yes. ~ THE COURT': And that's Cumber]and County? 5 THE WITNESS: Yes. 6 THE COURT: Thank yen. 7 BY MR. DELUCA: 8 Q And what is the American House? 9 A It's senior housing. It's subsidized housing 10 for seniors and persons that a~e handicapped er disabled. 11 Q And who is the owner ef that p[operty? 12 A Cumberland County Senior Housing Associates. 13 Q And is that, in effect, Cumberland Couoty? 14 A It's through Cnmberland County Housing 15 Authority. 16 Q Are you ~ami]iar - how long have you been in 17 that position? 18 A I've been Property Hanager since 1996. 19 Q And are you there on a daily basis? 20 A I am there from 8 until 10 Wednesday and 21. Friday mornings. 22 Q And hew many apartments are there at that 23 location? 24 A Sixteen. 25 Q Now, have you had any difficulties w4th 28 1 Blanche Hille ~'? 2 A She has failed her apartment inspections. 3 Q Okay. New, what de the apartment 4 ir~spect-ions cons!st of? 5 A I look for cleanliness, safe - clean arid 6 sanitary conditions. 7 Q And hew has she violated that? 8 A Regulations state thah if she fails her first 9 inspechion, we give her a second inspection. I found that 10 her floors needed to be washed. Her carpeting needed te be 11 shampooed. The refrigerator needed to be cleaned. Her 12 oven needed te be cleaned. Her co~ntertops were dirty. 13 Her kitchen sink was very dirty. Her entire bathroom needed 14 to be cleaned. 15 Q And did yon talk to her abent that? 16 A I tried. I gave her the letter. Usually I 17 like te talk to the Fesident first befoFe I give them the 18 letter, and I tried talking to her. She got very angry and 19 did net want. te disc~lss the situahien. 20 Q And when did yot~ discuss this with her? 21 A On June 9th. That was her first inspection. 22 Q Of this year? 23 A Yes. 24 Q How long has she lived in that apartment? 25 A Since October 1996. 29 ] Q And when was the first letter given to her? 2 A It was in around J~m~e 9th. That was when 3 her inspection was. 4 Q And does that letter require her to do 5 certain things, to comply within a certain period o{ time? 6 A Yes. 7 Q And did she? 8 A No. 9 Q Did you snbsequenLly eithe~ see her agai~ or 10 send her another lette~? 11 A I -- the letter I sent he~ khat listed what 12 needed te be done, I gave her two weeks te have her 13 apartment ready for the next [nspectien. Se her next 14 inspecLion was June 30th. 15 Q Okay. And did you ge fo[ that inspection? 16 A Yes. 17 Q And what were yonr observations? 18 A Basically it was the same. The ceuntertops 19 were wiped of~. The kitchen sink was cleaned up. The 20 floors had not been touched. The bathroom was not cleaned 21 at all. The stove or the refrigerator was not cleaned. 22 Q Did you, as a ~esult of that, give her 23 another letter? 24 A Regulations state at the end of the second 25 inspection, if they fail, that would be grounds [or 3O 1 eviction. I gave Blanche a chance for a third inspection. 2 In that letter I listed what deficiencies I found. I gave 3 heF a list of cleanir~g agencies and their phone number. 1 4 also offered te waive the last h~spection if she was in the 5 process of contacting a cleani~ig agency se that she had time 6 to get them set up and to come in and to de the work, and 7 then I would do the third inspectiorl after that had started. 8 Q And d{d you commnnicate this to her by way of 9 a letter'? 10 A No, I didn't, because she did not want to 11 talk te me. Oh, by a lette~, yes. 12 Q And what was the date of that letter-? 13 A That letter was in aronnd June 30th. 14 Q Did you subsequently go back for another 15 inspection? ]6 A For the third inspection, yes. 17 Q And what were your observations at that {ime? 18 A I saw ne changes. 19 Q Do you know whether she had any visitors? 20 A Ne. 21 Q As a result of her noncompliance, what steps 22 would be taken by you regarding Hs. Hiller? 23 A She has been given July 21st -~ we call it 24 the 10 day letter. It's a letter stating that she was 25 deficient in heusegeeping, that the eviction process was 31 1 going to start, that we give her 10 days to respond with a 2 hearing to talk about it. If she did not respond within the 3 10 days, then the actual eviction process would start. 4 Q And have you started that process? 5 A No, we haven't, because she has been 6 hospitalized. 7 Q Will you begin that process? 8 A Yes. 9 THE COURT: Didn't she respond? 10 THE WITNESS: No, she didn't. 11 BY HR. DELUCA: 12 Q Amd you gave her another letter to that 13 effect? 14 A For the evict~.en? 15 © Yes. 16 A No. That would go through Attouney Houston. 17 Q Se that has not been sent yet? 18 A Ne. 19 Q Is it your testimony then that she cannot 20 return home to that apartment and continue to occupy it? 21 A Due to housekeeping? 22 Q Yes. 23 A She can return home, but the eviction process 24 would start. 25 Q So regardless, you would ask her to leave? 32 ] A Pardon? 2 Q Regard]ess, you would ask her to leave? 3 A Yes. 4 MR. DELUCA: That's ~]i I have, Your Honor. 5 THE COURT: Hr. Soberer. 6 MR. SCNERER: I don't have any questions, 7 Your Honor. 8 BY THE COURT: 9 Q These inspectiens, is this semething ihat yeu 10 do reutinely for all of the people? 11 A Yes. It's a yearly inspection. 12 Q A yearly inspec[ion. This was net a special 13 inspection? 14 A No. 15 THE COURT: Okay. You may step down. 16 Thank you. May this witness be excused? 1.7 MR. DELUCA: Yes, Your Honor. 18 HR. SCHERER: No ob}ection, Your' Honor. 19 THE COURT: You may stay or leave as you 20 choose. Thank you. I'll tell you what, why don't we lake 21 a short recess and then we'll reconvene. Ilow many more 22 witnesses do you have, Mu. DeI, uca? 23 HR. DELUCA: Three. They won't take very 24 long though, Your Honor. 25 THE COURT: Okay. Well, if we have to go 33 1 beyond - into the afEe~neon, I do have the a~ternoon 2 ayah!able. 3 (Wherel!pcn, a recess was taken at 10:59 a.m., 4 and court resumed at I1:14 a.m.) 5 AFTER RECESS 6 Whereupen, 7 KATIILEEN BODEK 8 having been duly swern, testified as follows: 9 DIRECT EXAHINATION 10 BY HR. DELUCA: 11 Q What is ye~r name, please? 12 A Hathleen Bodek. 13 THE CO~IRT: Kath]een is with a C? 1~ THE WITNESS: 15 THE COURT: 16 BY HR. DNLUCA: ll Q And your last name? 18 A B-o-d 19 Q And how are you empleyed? 20 A I'm empleyed as a temperary case manager for 21 the Communihy Actien Commission. 22 Q Community Action Cemmission? 23 A Yes. It's a soo{al service agency. 24 Q And where are they located? 25 ~ Hy office is ]ecated in Enola. 34 1 Q Whereabouts in Snela? 2 A 125 North Enola Drive. 3 Q And wha~ does the Commun{ty Action Corr~mi ssi on d do? 5 A Well, we provide the social services for the 6 Punerican House Apartments through a contract with HUD. 7 Q And what do those services inch~de? 8 A They would inchJde case management services, 9 organizing residents associations, fire safety, that sort of 10 thing. 11 Q And are you familiar with Blanche Hiller? 12 A Yes, I am. 13 Q When did you ~irst meet her? 14 A I first met Blanche on July 7th, 2004. 15 Q Okay. And what were the circumstances oE 16 you meeting her? 17 A Well, she was a resident at the American 18 House, and so I was meeting all the residents and trying to 19 get to knew the residents se see whaL their social services 20 needs were, and when I met Blanche she had a br~ise and 21 stitches on her forehead and her nose, and she had explained 22 that she had fallen on the street and was in need of 23 stitches and was taken te the hospital. Her face was also 24 badly bruised. She was pretty confused and repeated herself 25 frequently. And also I was in her apartment, and she stated 35 1 that she khinks that people are getting into her apartment 2 and taking things and messing things up. 3 Q Do you knew what hospital she went te for 4 those bruises? 5 A I believe it was Hershey Medical Center. 6 Q Have you seen her subsequently to that? 7 A Yes. 8 Q What services did you indicate were required 9 for her? 10 A Well, at that time, since she was already 11 involved with the Office of the Aging, I did not see that 12 she needed any services from me, from err agency, at that 13 time. 14 Q Have you subsequently seen Nor? 15 A Yes. 16 Q When was the last time you saw her? 17 A The last time I saw her was en August 5th, ].8 2004. 19 Q And where was that at? 20 A At the American House Apartments again. 21 Q And what were you observations of her at that 22 point? 23 A That day we met in the lobby. She had ne 24 recollection ef meeting me previously. She was, o~ course, 25 very friendly. She was always friendly. 1} explained who I 36 was, and I was dcJng something in the lobby, and I asked her 2 to wait so that I could come up to her apartment with her. 3 At that time she had her keys on her brace]et, but she 4 couldn't ~ind them initially. Se we found tkem on her 5 bracelet, and we were ir~ the elevator going np ho he~- 6 apartment, and she once again could not remember where she 7 had put her keys se... 8 THE COURT: Could not remembe~ what? 9 THE WITNESS: Where she pk~t her keys. 10 THE COURT: Oh, her keys. 11 THE WITNESS: On the way up te her apartment 12 I pointed them o~t to her again on her bFacelet, and then 13 when we get to the door of her apartment she, again, had ]4 lost her keys, and I pointed them e~t again. So her short 15 term memory was ~ery impaired. 16 She also - when we get into the apartment 17 she told me, again, about the people breaking in and messing 18 up he~ apartment and taking thkngs. She also felt that -- 19 oh, she told me about her cat, and had told me about her cat 20 on all three occasions that I visited w[th her, and 21 obviously, did net remember telling me about the cat 22 previously, and also had told me several stories, you know, 23 over and over, and obviously didn't remember telling me them 24 the first time. And that was ali in one visit. 25 BY MR. DELUCA: 37 1 Q So you have not had any ffurther contact with 2 her? 3 A Yes, i met with Bi~anche on 1/21 after 4 ]eaEning tha~ she had gotten her eviction letter, and at 5 that time she was very upset and agitated. She - ! advised 6 her to call the cleaning compan].es that Cathryn Hewery had 7 given her, and she refused, stating that she Nad already 8 called them, and she would not return -- and they did net 9 rett~rn her ca]is. So she wet,Id not call them back. 10 Also I asked her if she was going to ask for 11 a hearing, which was made available to her by Cathryn 12 Mowery, and she said, no, that she was not a criminal, and 13 she would refuse {~e ge to the Nea~{ng. Also I asked her 14 hew often she eats, and she said that she does not eat three 15 means a day, and she didn't say exactly hew often she eats, 16 but she did say that she dens not cook, and when she dens 17 eat she eats at two restaurants in Hechamicsburg, the 18 Gingerbread Man and the Colony House, and also there was ne 19 food in her refrigerakor at this time. 20 Also another resident has bee~ shopping - 21 doing her grocery shopping for her, and Blanche was observed 22 throwing away the groceries that that person had benght her, 23 and they were retrieved by another resident and kept at that 24 res[dent's apartment for Blanche. 25 Also Blanche had lest her checkbook at the 38 1 G!ngerbread Man. It was returned by an employee of the 2 Gingerbread Man to her, and she carr'ies her box of checks on 3 hsr walker when she gees out, and she had aisc lost her box 4 of ,ihecks and it was returned by a stranger. 5 Q What was lest ~t 1he Gingerbreat Hah? 6 A Her checkbook. 7 HR. DELUCA: I have no other questions. 8 THE COURT: Mr. Scherer. 9 MR. SCHERER: I don't have any questions. 10 THE COURT: Ail right. Yek~ may step down. 11 Thank you. Hay this wi{~ness be excused? 12 MR. DELUCA: Yes, Your Honer. 13 MR. SCHERER: Yes, Your Honor. 14 THE COURT: You may stay er leave as you 15 choose. Thank you. 16 Whereupon, 17 WILLIAM ROBERT MENESES 18 having been duly sworn, ~estified as fo]lows: 19 DIRECT EXAMINATION 20 BY MR. DELUCA: 21 Q What is your name, sir? 22 A Hy name is William Robert Heneses, 23 M e-n-e-s-e-s. 24 Q And how are you employed, sir? 25 A I'm employed as a police officer for the 39 ] Borough ef Mechanicsburg and have been since 1985. 2 Q And in that capacity, s{r, axe you acquainted 3 with Blanche Miller? 4 A I am. 5 Q And is she in court today? 6 A She is. 7 Q Can you point her out, please? 8 A Yes. She's the lady seated with a pinkish 9 color top in between her attorney and a care p~evi, der. 10 Q Thank ye~. As a police officer, have you 11 come acsess Blanche Miller? 12 A I have. 13 Q And let me say within the last year, how many 14 times have you seen her? 1.5 A Several times. 16 Q And have there been any times where you have 17 stopped and spoken te her? 18 A Yes. ]9 Q And could you relate you[ observations on 20 those occasions? 21 A Okay. My last contact with Ms. Miller was 22 sometime in and around dune. it was a very hot day, and she 23 had walked to our police station with the aid of a walke~, 24 and she needed our assistance in gaining entry into her 25 apartment and requested st~ch assistance. ~0 1 Q Okay. What kind of assistance did she need? 2 A She couldn't fi~d her keys, and ttle 3 tempera~ ure was just --- it was dangerously hot that day. 4 gave her a ride back to her apartment, and while speaking 5 with her I noticed that s[,e had he~ keys en her person, a~ld 6 ! pointed that out te her, and when we got to he[ apartment, 7 even wi[~h her keys, she still couldn't - she had a very 8 difficult time, and actually was k~nable to find the prope~ 9 key to let herself in. And she kept sayi. ng that she didn't 10 have the key te the apartment. I said, Blanche, your keys 11 are right here, and, st~re enough, the proper key was on the ].2 key ~ing, and I opened her apartme~lt for her. 13 Q Were hhe keys on her wrist? ]4 A No. I believe that they were in a pocket. 15 I don't have the bene[it of my report. 16 Q Now, were there other occasions where she ?had 17 been spotted wandering around town? 18 A Yes. She wot~ld wander, whether purpese~ully 19 or net I don't know, but I could tell you that [rom 2002 20 until recently, we have had 26 contacts with 21 Ms. Hiller, arid I called the station prior to coming -- 22 returning te court because we keep -- whenever we have a 23 call for assistance er we render assistance, a short report 24 is compheted, and these reports are ce~pute~ized, and that's 25 the number that I was given between -- like I said, the year 1 2002 to present, 26 contacts. 2 Q And in the contaczs that you have had w~th 3 her, has she exhibited confusfon? 4 A Yes. 5 HR. DELI!CA: That's all I have, Your Honer. 6 THE COURT: Okay. Hr. Scherer. 7 CROSS E×AHINATION 8 BY HR. SCHERER: 9 Q Do you know the nature of the 26 contacts 10 you've had - or your department's had with her since 2002? 11 A I could tell you that the contacts that I 12 have had with her, the ma)erity have been assistance in 13 finding her keys or gaining entry into her apartment for her 14 because our police department has a passkey. The~e may have 15 been ere e~ two complaints tha~ I have handled regarding her 16 believing that someone had gained entry into her apartment. 17 I know that office[s have assisted her in the past with that 18 type of complaint. 19 HR. SCHERER: Okay. Thank you. I don't have 20 any other questions. 21 MR. DEL[ICA: No other questions. 22 THE COURT: Thank you. You may step down. 23 Hay this witness be excused? 24 MN. DELUCA: Yes, Your IIonor. 25 TIlE COURT: You are excused. Thank you. 42 1 Whereupoil, 2 SUSAN ZE:[GhER 3 having been duly sworn, testified as fo!lows: 4 I)]NRCT EXAH£NATION 5 BY HR. DELUCA: 6 Q What is your name, please? 7 A Susan Zeigler, Z-e-i g 1-e r. 8 Q And hew are you employed? 9 A I am employed as the Direct;er of the Social 10 Service DepartmenL for Holy Spirit hospital in Camp Hill. 11 Q And how long have yen been ;in that position? 12 A Eight years. 13 Q Are you familiar with Blanche Hiller? 14 A I am familiar with the case of Blanche 15 Hiller. Hy staff have been acLively involved in this case. 16 Q And she is present here in court today? 17 A She is present here in court today. 18 Q When did you first become acquainted with 19 he~? 20 A The Social work Department got involved in 21 Blanche's case en August 7th of 2004, when she was brought 22 into Lhe Emergency Room at tloly Spirit I{ospttal by EHS 23 personnel. 24 © And what does a Social work Department do? 2b A The Social Service Department is consulted by 43 1 the physician and/or other membeNs of our healthcare team or 2 families ~o assist with the psychesocia] needs of patients 3 and the discharge planning needs ef pa~ie,~ts who are brought 4 ~.o the hespiha!. 5 Q And have you been se involved in born the 6 psycnosocia] meetings and the discharge plans? 7 A Yes. Our department has been actively 8 involved since August 7th. 9 Q New, with respect to the discharge pla~/s, 10 what is the hospital's policy abo~k discharging a patient 11 like Blanche H;iller? 12 A In discharging a patient, the assessment that 13 we conduct, it has te involve discussions with patients, if 14 possible, contacts with any family. We look at the 15 recommendations of the physician and the members of the 16 healthcare team to determine what is 1he safe and best plan 17 for that patient. If the patient is not considered capable 18 of entering into those decisions, again, that's when we 19 would rely en family ou next ef kin to help us, and we have 20 no one to de that in this sense. 2]. Our policy at the hospital, we need to 22 discharge a patient to a safe setting, and we are looking at 23 the recommendations ef the physicians. We are looking at 24 the recommendation of our physical therapy department, 25 occupatiena] ther'apy department, and ali of the ether phys.ciaus on the case ~o determ,ne a plan. 2 Pa~ oF our assessmer~t also includes 3 obtaining whatever community agency resource i~foFmat{on has ~ been available er could be made available tea patient~ 5 That ali has to go into khe assessment and the ~endering e~ 6 a recommendation. 7 Q Ne~, is there a - any reasee to keep he~' any 8 longer a~ the hospital? 9 A 81anche is medically ready fe~ discharge from 10 the hospital. She no longer needs an acute care hospital I 1 stay, and it is the recommendation ef her attending 12 physician, Dr. Kusztes, who testified here today, as well. as 13 the hospital, that she be placed in a skilled nursing 14 setting for long term nursing care. 15 Q And is the hospital obligated, pursuant to 16 certair~ rules and regulations, that she must be discharged 17 at this time? 18 A That she must be discharged new? She is 19 medically ready for discharge. Again, the Doctor can write 20 a discharge order to skilled nursing. However, we have to 21 have a responsible party giving us permission te ~elease her 22 from the hospital, arid there must be a ~espons%hle pa~'ty to 23 sign bet i. nte any ski] led nursing setting to which she is 2~ sent. 25 Q Se absent any ~'elative then you would be 45 I looking say for a guaFdiarl te assume those Fespensib~lities? 2 A That is con~ech. ?here would need te be a 3 i~ega], guam-dian appointed te assume that overall d responsibility, to sign her into a ski] ]ed nursing setting, 5 and ho oversee iler plan ef cane a~ a skilled nt~rsing 6 setting. 7 HR. DELUCA: Thank you. That's all I Nave. 8 HR. SCHERER: Ne questions, Your Honor. 9 BY THE COURT: 10 Q She is net adjudicated incompetent se she 11 could sign herself ouL, could she not? ].2 A She could sign hersel~ out of the hospl_tal. 13 It would be considered a discharge against medical advice, 14 and it wo~]d be so noted by the physician, but that wo~:ld be 15 her right te do that. Again, it would r~ot be the 16 recommendation ef the physician, and we would have ne way ef 17 knowing is she getting the prescriptions that she needs? 18 You know, hew wo~ld she get the fellow-up medical care that 19 has been recommended by her physician? 20 THE COURT: You may step down. 21 HR. DELUCA: One last question. 22 REDIRECT NXAMINAT ION 23 BY HR. OELUCA: 24 Q As a result ef that, if she were te try to 25 sign herself out agair]st medical advice, that would be noted 46 1 in order to protect the hospital for any potential 2 hiab J ] ity? 3 A ] t wou],~ be noted that lhat was her 4 d~spes]t~lon, that she }eft the hospital against the medical 5 advice of the physician, and, therefore, the hospital had no 6 way Lo put into place the recemmenda{ions that were being 7 made by the physician in the hospital. I[ that were te 8 happen, we would be i}~ut~ediately notifying adult protective 9 service and the East Pennsboro Police that we had a patient 10 leaving our hospital against the medical advice, and we felt 11 that patient was in medical danger due te her cardiac 12 status, her need for ongoing medications, and her need for 13 24 hour supervision, as noted in o~r medical records. 14 HR. DELUCA: Thank ye~. 15 THE COURT: Hr. Scherer. 16 HR. SCHERER: No questions. 17 THE COURT: Okay. You may step down. 18 Thank you. Hay hh{s witness be excused? 19 HR. DELUCA: Yes, Your Honor. 20 MR. SCHERER: Yes, Your Hone~. 21 THE COURT: You may stay er leave as you 22 choose. Thank you. 23 Whereupon, 24 [}lANE GOURLEY 25 having been duly sworn, testified as fellows: ~7 1 DIRECT EXAMINAT £ON 2 BY MR. DELUCA: 3 O Your name, please. 4 A Diane Gourqey, G-o u-r ~-e y. 5 Q And how are you employed? 6 A I work at the Office of Aging. I'm a 7 supervisor. 8 Q And as a supervisor, de you conduct 9 assessments? 10 A I supervise the Assessment Unit for 11 Cumber]and County, and I did the assessment on Hs. HilleF. 12 Q And what is the Assessment Unit? 13 A We look at supports, cognitive functioning, 14 medical need, their ability to take care ef themselves, 15 their needs for assistance wi. th activities and daily living, 16 their nutrition, their emet%enal status. 17 Q And did you pe~sona]ly conduct thi. s -- 18 A Yes, I did. I went into her room and she was ]9 sleeping and her lunch tray was in front of her. She wasn't 20 eating. I woke heu up, and I asked her if I could help feed 21 her. I fixed her food, and I actually fed her. 22 Q And when did this take place? 23 A August the ]6th. 24 Q And as a result of that then did you prepare 25 this assessment? 1 A We have a physical form that's completed by 2 the physician. I review it. I gain {nfeFmation, and 1 3 present it te my st~perviser, and we sign off en Jr. And our 4 reco~mendation for Ms. Hiller was nl~rsing home care, long 5 term. 6 Q And who was the physician? 7 A It was the Kunkle group. I don't really 8 knew the name ef the physician. 9 Q Is that in Camp Hill? 10 A Correct. 11 Q And, again, what did the assessment conclude? 12 A Nu[sing home care, long term. 13 Q Twenty-four hour care? 14 A Right. 15 Q Supervision? 16 A Correct. 12 HR. DELUCA: That's all i have. 18 THE COURT: Hr. Scherer. 19 CROSS EXAHINATION 20 BY HR. SCHERER: 21 Q Did you complete the assessment whil. e you 22 were feeding her? 23 A We]], we take a computer inhe the hospital. 24 i gain access to the medical records, we enter the data into 25 the computer, I go and I talk with her, and then I complete 49 1 ih back ak my office. 2 Q So the assessment takes approximately how 4 A About two or t?~ree hours. Q Okay. 6 A I spent probably 15 minutes with her trying 7 to talk to her. Mainly I fed her. 8 Q Was she cooperative with you when you were 9 trying Lo elicit the information? 10 A What had happened was there were notes in the 11 records stating that she becomes very agitated and 12 combative, that she was disorganized in Lhought, that she 13 was not oriented to person, place or time. I also knew that 14 Priscilla was working with her, and I hate to go in and talk 15 to somebody and get them all upset, and then leave and then 16 the nurses have a problem. Se I did not explain to her what 17 I was doing. I knew that someone was going to go in and 18 talk to her about possible nursing home placement. 1.9 HR. SCHERER: Okay. Thank yo~. 20 MR. DBLUCA: That's ali, Your Honor. 21 THE COURT: Yen may step down. Thank you. 22 Hay this witness be excused? 23 MR. SCHERRR: Yes, Your Honor. 24 HR. DELgCA: Your Honor, this is my last 25 witness. 5O 1 THE COURT: Yoi: may stay or leave as you 2 choose. Thank you. 3 Whereupon, 4 SHERRY GRIER 5 having been duly sworn, testified as follows: 6 DIRECT EXAHINATION 7 BY HR. DELUCA: 8 Q What is your name, please? 9 A Sherry Grier. 10 THE COURT: I'm sorry? Gear? 11 THE WITNESS: Grier, G-r-i-e r. 12 THE COURT: Okay. Thank you. 13 BY HR. DELUCA: 14 Q And how are you employed, Sherry? 15 A I'm employed at the Iiely Spirit Hospital, a 1.6 nursing assistant. 17 Q Are you familiar with Blanche Hi [ler? 18 A Yes, I am. ]9 Q And did you accompany her here today from the 20 hospital? 21 A Yes, I did. 22 Q Do you see her on a frequenh basis since 23 she's been in the hospital? 24 A Yes. 25 Q And what have been your observations of her? 51 1 A Well, Ms. Mil]e~, when she came ir~to the 2 hospital, she would -- she was very confused, and when we 3 were talking te her she could give us little inferrnatier~, 4 and then the things that we would tried to ask heF about, 5 she got very upset abo~k, and she became combathve with us 6 on a couple ef occasions where we had ho go in and like 7 restra[n her se... 8 Q And did she exhibit any type of confusLon? 9 A Yes. She gets - you can be talking to 10 about one thing, and then the next thing she's onto another 11 subject that's net pertaining to what you're asking hes 12 about. 13 Q And is she ~eflecting forget[ulness as to 14 what she had just been talking about? 15 A Yes. Like this morning when we had come in, 16 I was - we had explained te her {_hat -- what s~e was coming 17 down here for, and we explained te her who the EHT was, and 18 as soon as the EMT walked in the room, she just hollered, 19 I'm going to be arrested, and wouldn't come. So that's why 20 we were a little delayed, and she }ust was like, well, i 21 don't remember what I'm going [or. Can yo~ tell me again? 22 So we were still sitting there trying to explain to her why 23 she was coming. 24 MR. DELUCA: Thank you. That's all I have. 25 THE COURT: Mr. Scherer. 52 ] CROSS ~iXA~M £NAT iON 2 BY HR. SCHERNR: 3 Q Did Hs. Hilier~ exhibit these s~gns that you 4 testified he du~ing the whole length el' time that yon provided care for her in the hospital? 6 A Yes, she did. 7 Q And over what period of time was that, 8 roughly? 9 A I've been her aide since she's been admitted 10 to the hospital. 11 Q So that would have been earlier this month? 12 A It was like the middle of the month, and then 13 I continued - sometime I would be with her for ].6 hours a 14 day. 15 © Okay. So for at leas[~ a period efa week? 16 A It's been -- £'ve beert with her flor lorlger 17 than a week too beca~se I'm on that same side. We have a 18 rotation. We stay on the same side every day, and some days 19 I do 16 hours. Some days I de 12. 20 HR. SCHERER: Okay. Thank yet:. That's all 21 e[ the questions {that I have. 22 HR. DEhUCA: No other questions, Your Honor. 23 TH~] COURT: Do you kr~ow what medicat[ens 24 she~s eh? 25 THE WITNESS: No. 1 wouldn't know that. 53 1 THE COURT: 'Thank yoti. You may step down. 2 HR. D~;T,UCA: We rest, Your Honor. 3 TBE COURT: Okay. May this witness be 4 excused? ~ HR. DELUCA: Yes. 6 HR. ak. HBRER. Yes, Your Honor. 7 THE COURT: All rkght. You may stay or 8 leave as you choose. Thank you. Hr. Scherer. 9 HR. SCHERER: Hs. Hiller. 10 ~hereupon, 11 BT,ANCHE HILLER 12 having been duly sworn, testified as follows: 13 DIRECT EXAHI NAT ION 1~ BY HR. SCHERER: 15 Q Why don't you tell the judge what your name 16 is? 17 A Oh, my name is Blanche Ester' Hiller. That's 18 an adoptive name. My bi~th name is Crayten, C r - and 19 there's two spellings. C-r-a y-[ o-ri. That's my biL-th 20 name, okay, for the record. 21 THE COURT: And you say your adoptive name is 22 Hiller or your' mar-Tied name is Hiller? 23 THE WITNESS: ON, you want my married name? 24 THE COURT: Well, you said it was yo~r 25 adopted name. You were adopted? Is that what you said? 54 1 THE WITNESS: My married uame is Miller. 2 THE COURT: Al] right. 3 THE WITNESS: Hy birth r~ame ~is CrayEon. 4 THE CO[IR']': Okay. I Nnderstand t~lat. 5 THE WITNESS: And there are two Craytons. 6 C-r a-y t-o n. That's my birth name. 7 THE COURT: Okay. 8 THE WITNESS: Anything else, sir? 9 THE COURT': No, bu~ Mr. Soberer has some 10 more questions for you. 11 THE WITNESS: Okay. 12 BY HR. SCHERER: ]3 Q You're in the hospital new? 14 A Right. Well, F~e. 15 Q You're not in the hospital? 16 A Well, you could look at that two ways. 17 According to the record, I'm in court ~ight F~ow. 18 Otherwise, I have been in the hospital, yes. 19 Q I'll try te be more careful. 20 A I wish you would. 21 Q Can you tell the judge how eld you are? 22 A Sixty. Hy birthday is July 28th, 1915. 23 THE COURT: So how eld are you? 24 BY HR. SCHERER: 25 Q How eld are you? 55 1 A S ~xt: y. 2 'PHE COURT: Sixty? 3 THE W[TNF, SS: A couple weeks age. 4 TIIE COURT: Do you think you might be 89? 5 THE WITNESS: Yeu asked me again my age? 6 THE COURT: Yes, [ did. ? THE WITNESS: Yes, 89. 8 THE COU~T: Okay. 9 BY SR. SCHERER: 10 Q Do you reca] ] wP~ere you last lived beffore yo~ 11 began to stay in the hespital? 12 A I don't I[ke to beca~se it was with my mom 13 arid dad, and we were very close, and I was adep[ed. ~ lost 14 my parents. 15 Q Okay. 16 A I can't go inte any more than that because 17 the three of t~s were very close. 18 Q Were you married during yo~r life time? 19 A Yes. 20 Q Arid -- 21 A Hiller is my married name. 22 Q What was yonr husband's name? 23 A Hiller. So I maintained it because i marr'ied 24 him. 25 Q And where is he now? 56 1 A Dead. 2 Q And do you have any children? 3 A No. 4 Q What did you do -.- did you work o~]tside of 5 the house for a living? 6 A Yes. I was a cytologist. New that's 7 C y-t-o 1-o g-i s-t. It's lhe study o[ certain components 8 perhaining to especially malignancy. You've p[ebably heard 9 it on the radio and television, all kind o[ malignancy and 10 all that. Il Q Now, who did ye~ do that for? Who was your 12 employer? 13 A It was a hospital in Hechanicsburg. No, not 14 Mechanicsburg. Now, I'm getting upset. 15 Q Well, I'm net trying to get you upset. ].6 A I know yo~'re net. I'm trying te recall. 17 I've been trying to forget it because I'm not in my 18 profession. 19 Q So you worked for a hospital? 20 A Yes. A hospital in Newark, New Jersey. 21 That would be -- oh, Lo~'d, i don't remember £t right new. 22 Q Did you go to college? 23 A I had one year. 24 Q Okay. Can you tell tile judge a llttle hit 25 about your income? De you receive money every month? 57 1 A Oh, yes. Enough to take care of my rent and 2 food and my pet. I have a pet coon pig -- coon pig, of aL1 3 the st~pid answers. A coon cat, c a-t, who the backg}-ol~nd 4 of which I don't know where they were raised, but they do 5 not meow, tNey chirp. So when yen hear a coon chirp, you 6 think, ~Nat the Neck is that? Anyway, she chirps. 7 Q And who sends you that money every month? 8 A The government. 9 Q Okay. Do you receive any money in addition 10 to the government money? 11 A No. 12 Q And do you know how much the gever~lment sends 13 you every month? 14 A Not really. I don't pay toe mucN atteritien. 15 I j/~st know that it's directed into the bank, and then from 16 that I draw my rent and the things for groceries and stuff, 17 you know, as yon use it for expenses. I try to be careful 1.8 and stay within. 19 Q De you own any real estate? 20 A Oh, gosh, no. 21 Q Do you have any stocks er bends or 22 substantial savings? 23 A If I do, I don't know about it. Let's pnt it 24 that way. 25 Q Okay. How do you feel about Jndge Oler 58 1 al hewing the Office of Aging ho help yo~ for a period of a 2 men,h, oF se? ~elp you w~hh yot.,n finances, help you w[hh a 3 place Lo live? 4 A Well, the only finances that I have weuJd be 5 ! don't have any bills to pay. So ~hat's the point of - 6 Q Do yeti have a plan feF when you're discharged 7 Stem the hospital as to where you would go? 8 A Back to where · used te live, if they want 9 me, but apparently, [rom what she says, she doesn't like me. l0 She wants me out of there, and she's giving them umpteen 11 million reasons fo~ not having me there, but I was there 12 frora the very beginning that that house opened, and that was 13 8 years ago, and I've had ne problems since. Se why the big ]4 fuss now? I don't know what the devil I did. 15 Q Well, Hs. Mewery said that you're not going 16 to be able to stay there. So what would your plan be? 17 A Oh, I don't know right now. I }ust don't 18 know, hut ~ will not go into any home. That's it. I']! 19 ~ake care ef myself, and I don't want anybody else taking 20 care of my money. 21 Q Wotlld you allow Judge Oler to appoint the 22 Office of Aging te represent you? 23 A No. 24 Q No? 25 A Why? Am i so dnmb Ihat I can't -- i've 59 ] taken care o~ myself for ten years now. I mean that's <}ne 2 more item that he would have tc appoint, and anothe~ new 3 off~ce te open up, a~'~d then these w{ll be mere people 4 yacking about, oh, you're doing this, you'~e do]rlg that, a~d 5 yen knew what I'm talking about. And ! believe that I can 6 take care of myself and I should do it, and not let the 7 government de it. There a~e tee many people that are taking 8 advantage of the government new. And I'll be the first one 9 te say I can't de it. 10 MR. SCHERER: I don't have any ether 11 questions, Your Honor. ]2 THE WITNESS: I don~t have any -- I don't 13 need a doctor. This is the first tiule I needed a doctor in 14 umpteen years. I mean it doesn't make sense when we need 15 the money for something else. I mean I try {o be very 16 frugal, i~ you know what I mean. Maybe I'm not pntting Lt 17 very plainly. Bey, I would love to run for goverr~ment. 18 I~d take care o{ some of the -- oh, never mind. I shouldn't 19 say that. I'm sorry, Your Honor. 20 THE COURT: That's all right. M~. DeLuca. 21 MR. DELUCA: Yes. I have just a few 22 questions. 23 CROSS EXAM~NAT~iON 24 BY HR. ~]ELUCA: 25 Q Ms. Miller, can you hear me all right? Can 6O 1 you hear me okay? Hs. Hiller? 2 A Sorry. I'm co]d. 3 Q What is the name of the apartmen~ house tlhat 4 yoL~ live in? 5 A A~er ican House. 6 Q And how long have you lived there? 7 A Eight te nine years. 8 Q Okay. And how old are you again? 9 A Sixty. I was born in 1915. 10 Q And de you know the amount ef yel~r monthly 11 income? 12 A I beg your pardon. 13 Q Do you know how much money you get each 14 month? 15 A Oh, net the exact ameunl, because I figure, 16 well, it's enough to take care of my rent, you know, and 17 take care oF my needs. I have ne outstanding bills to pay, 18 as far as I know. 19 Q Bu[ you don't know how much you gel_ each 20 month? 2] A I beg your pardon? 22 Q You don't know how much you get each month? 23 A Well, 1 know enough te keep it in the range. 24 Q Row do you pay yo~]r bills? 25 A When Jt comes right down to it, I don't have 61 1 the bills that I used to have, like the kind that we always 2 have, except the ordinary ones, and my bank is taking care 3 of lu already because [ know it's coming due, and I had to 4 put the check into her office, and that's it. Well, anyway, 5 so I leave the check there because she's net always there 6 every day. Se that's understandable. She has - 7 Q How mmch was your rent? Now much is your 8 rent? 9 A al2. 10 Q al2? 11 A It's probably going to go up, if it hasn't 12 already. 13 Q De you write that check yourself? 14 A I have up until the last two months. Now I'm 15 letting my bank de it [or me becanse I'm Jn the hospital. 16 Q Do you recall the police officer testifying 17 here a little while age? 18 A There was a problem - eh, Lo[d. Do you know 19 where my house is? 20 Q Yes. 21 A Not the bank cater cornered, but the bank 22 over here. 23 Q Okay. 2~ A National. 25 Q But do you remember the police officer who 62 1 testified he}-e a little whale ago? 2 A What did | do? 3 Q !)o yol~ remember the po]ice officer who 4 Eestif{ed here a little while ago? 5 A I don't have no office. 6 Q I'm talking about a police officer'. 7 A Oh, no. Whah de I need a police officer 8 for? 9 Q Do you recall the man who test ified heue 10 about 15 te 20 minutes ago? 11 A No. 12 Q Okay. 13 A I have what they call a box - oh, wait a 14 minute. Now I know. Yell said who were involved, and 15 that's -- I have a box at the corner bank, and here's the 16 situation. The bank is here, and National is over here, ]7 and that's where my box is. 18 Q I'm talking about the po]ice officer. 19 A Oh, the police officer. I can't describe it, 20 no. 21 Q Okay. And wha~ was your h~lsband's - 22 A What was I there for anyway? Anyway, forget 23 it. 24 THE COURT: Let me clarify it a little bit. 25 Ms. Hiller, Mr. DeLuca was asking whether you remember - 63 1 Hs. Hiller, Hr. De!,uca, he was asking whethe~ you remembered 2 the witness who testified as a police officer a few m{nntes 3 ago. Do you remember hiiR? 4 THE WITNESS: Oh -- 5 TEE COURT: He ste~ped out o[ {_he courtroom, 6 but do you remember him testifying? 7 THE WITNESS: I don't know. I can't remember 8 seeing anybody in that chair. 9 THE COURT: All right. Thank you. 10 HR. DELUCA: I have ne other questions, Your 11 Honer. 12 THE WITNESS: Now that's disturbing to me. 13 THE COURt': Hr. Scherer. 14 HR. SCHERER: I rest, Your Honer. 15 BY THE COURT: 16 Q All righ[~. Hs. Hille~, do you knew why we're 17 here? 18 A Judge? 19 Q Yes. Do you know why we're here today? 20 A For me. 21 Q Yes. And the Office ef the Aging wants 22 be - 23 A What? 24 Q The Office of Aging wants to be appointed 25 your guardian. 64 A Yeah, i know. 2 Q You understand that? 3 A ii understand they've been trying to do that 4 fo~ X numbeF of days because they don't like me. 5 Q Well, do you remember -- 6 A But I do not want my money taken away from '} me. 8 Q All right. 9 A I never have. And I've taken care of my own 10 bills [or all of these years, and I don't need anybody te 11 take it away from me. I earned that money. 12 Q All right. Do you remember -- 13 A ~ludge, I de not know yonr name because I did 14 not hear it. 15 Q It's Judge Oler. Do you remember who 16 testified today? 17 A Yes. I see her sitting there. 18 Q Do you remember who testified today? Who 19 testified as witnesses? Do you remember who hhey were? 20 A It was only just the one. 21 Q And who was that? 22 A Her. 23 Q The stenographer? 24 A i remember her because she's pretty. 25 Q Okay. You're referring -- you're Fefe~rqng 65 1 to the stenographer. 2 TIIE COURT: Hr. l}eLnca oz H{. SchereF, any 3 other questions? 4 HR. DNLUCA: No, Your Honor. 5 HR. SCH~iRER: No, Your Nonor. 6 THE COURT: Hs. Miller, is there anything 7 else yeu wanked te say? 8 THE WITNESS: What are you going ho do? 9 Tell me i have te ge someplace? Ne. 10 TNE COURT: I don't know what else te do 11 because your shert term memory is so bad. 12 THE WITNESS: I'm net that dumb. 13 THE COURT: Yeu're not dnmb, but yeur memery 14 isn't good. 15 THE WITNESS: What's wrong with me? 16 THE COURT: You can't remember things that 17 have just happened. Hr. DeLmca, do yeu want te make a 18 c]osing a cgument ? 19 HR. DEL~JCA: Just very briefly, Your Honor. 20 I believe the Petitiener has met its responsibility in this 21 matter to request that an emergency plenary guardian be 22 appei nted fer both the person and estate, and that the 23 Office of Aging weuld accept that respensibi]ity, i believe 2~ that the testJmeny clearly indicates that she is 25 incapacitated. 66 THE COURT: What do you propose that they 2 would do in the next '72 hours? 3 HR. DhlEUCA: Your Honor, it's my 4 understanding that there is a reem avai table at Haner Care 5 in Carlisle. 6 THE COURT; At where? 7 HR. DELUCA: At Manor Care in Carlisle on 8 Walnut Bottom Road. That the Office ef Aging would make the 9 arrangements for her to be placed there, and I believe that l0 the order is good for 72 hours. We would then request a 11 motion te extend for 20 days, and that she continue to stay 12 there during that period ef time until the permanency 13 hearing is scheduled. 14 THE COURT: Hr. Scherer. 15 MR. SCHERER: I l~hink you understand my case, 16 Yo~r Honor. It is troubling that she doesn't have a plan 17 for herself, but she really doesn't wanh the Office of Aging 18 involved in he[ care. 19 THE COURT: What about the cat? Where is the 20 cat now? 21 HS. WHITMAN: The cat is present]y in her 22 apartment and friends are taking care of it. 23 THE COURT: I see. Ms. Miller', if you had 24 any kind of plan, as Mr. Soberer says, I would certainly go 25 along with it, but yot~ don't really have anything worked ] ouE. We'll enter this order and opinion: 2 IN RE: PETITION NOR APPOiNTHF~NT OF EMERGNNCY PLENARY 3 GUARDIAN OF PRRSON AND ESTATE 4 BEFORE ONER, J. 5 OPINION arid ORDER ON COURT 6 Oler, J., August 25, 2004. 7 At issue in the present case is whether Blanche Miller 8 should be adj~dlcated an incapacitated person on an 9 emergency basis, and, if se, whether Petitioner, the Area 10 Agency on Aging in and for Cumberland Co/~nty, Pennsylvania, 11 should be appointed emergency plenary guardian of her person 12 and hen estate. A hearing was held in this matte~ on Aug~st 13 25, 20(}4. The allegedly incapacitated person was present 14 and represented by her court-appointed counsel, ~ichael A. 15 Soberer, Esq/~ire. 16 Based upon the evidence presented at the hearing, the 17 following Findings of Fact, Discussion and Order eE Court 18 are made and entered: 19 FINDINGS OF FACT 20 1. The allegedly incapacitated person is Blanche 21 Hiller, a domiciliary ef Cumberland County, Pennsylvania, 22 born July 28, 1915; she has been residing at the American 23 House, Apartment 204, 26 North Harket Street, Hechanicsburg, 24 Cumber-land County, Pennsylvania, and is present]y, on a 25 temporary basis, a patient at the Noly Spirit Hospital in 68 Cumber]snd County, Pennsylvania. 2 2. Petitioner is the Area Agency on Aqing in a,~ld For 3 Cumber]arid County, Pennsyluania, with offices located at 4 i6 West N!gh Stree~i, Carl~s',e, Cnmberiand County, 5 Pennsylvania. 6 3. Hs. Hiller suffers fro~ senile dementia, 7 Alzheimer's type. 8 4. This condition Nas existed for several years and 9 has recently become more symptomatic. 10 5. AS a consequence of the illness, Ms. Miller's 11 ability to receive and evaluate information effectively and ]2 communicate decisions in any way is impaired to such a 13 significant extent that she is totally unable to manage her 14 financial resources, and totally unable to meet essential 1.5 requirements for her physical health and safety. 16 6. The prognosis for improvement in Ms. Hiller's 17 condition is guarded. 18 7. Ms. Hiller's income is about $1,500.00 per month, 19 and she does net appear te have resources Jn the form of 20 assets, family or (fiends avai. lable to meet her immediate 21 needs. 22 8. Hs. Hi I]er's symptoms have advanced to the point 23 that her short term memory is poor, she has had numerous 24 contacts (of a non-criminal nature) with the Hechanicsburg 25 Borough Police Department, and she is about te lose her 69 apartment through eviction. 2 9. The medical necessity for Ms. ~iIler to be att Noly 3 Spirit iIospita] no longer exists and her discharge ~o a safe d environmenh ~s needed. 5 10. Hs. MilleF's symptoms have unfortunately xeached 6 the point that, given the absence of support of [esources, 7 (a) she is in need of a plenary guardian of her person and 8 estate and (b) a failure to appoint such a guardian will 9 result in irreparable harm to her person and estate. 10 1]. The dunations ef the necessary guardianships ef 11 the person and estate shall be as long as permitted by law, 12 b~t, because the guardianships have been reql~ested on an 13 emergency basis, by statute the emergency guardianship ef 14 the person may not extend beyond 72 hours in the absence of 15 further Order of Court (and in no event may continue more 16 than 20 days thereafter), and the emergency guardian ef the 17 estate may not extend beyond 30 days. ]8 12. The foregoing Findings of Fact are made en the 19 basis of clear and convincing evidence. 20 DISCUSSION 21 Under Pennsylvania law, an emergency guardian of the 22 person and/or estate may be appointed in the case of a 23 person alleged te be incapacitated "when it appears {hat the 24 person lacks capac{ty, [the peFsonl is need efa 25 guardian [, I and a failure to make such appointment will 7O result in irreparable harm to the person or estate of the 2 a!]eged incapacitated peasen." Act of June 30, 1972, P.[~. 3 508, Sec[ion 2, as amended, 20 Pa. C.S. Section 55]3. 4 An "incapacitated peYson" means 5 an adult w_hose abillty to [eceive and evaluate information effectively and 6 communicate decisions in any way is impaired to such a significant extent that he is 7 partially or totally unable to maeage his financial resources or to meet essential 8 requirements for his physical health and safety. 9 10 Id. Section 5501. 11 Proof in such a case must be by clea[ and convincing 12 evidence, id. Sections 5511(a) , 5513. 13 In the present case, Petitioner has demonshrated by 14 clear and convincing evidence that an emergency adjudication 15 off incapacity and appoirltment efa plenary guardian of the 16 person and estate are appropriate. For this reason, the 17 following Order of Court will be entered: 18 ORDER OF COURT 19 AND NOW, this 25th day of Augus[, 2004, upon 20 consideration of Plaintiff's petition for appointment ef an 21 emergency plenary gnardian of the person and estate, and 22 following a Nearing, it is ordered, adjudged and decreed as 23 fellows: 24 1. Blanche Mi] let is adjudicated an 25 incapacitated person en an emergency basis. 71 2. The Area Agency on Aging in and for 2 Cumberland County, Pennsylvania, is appointed emergency 3 plenary guardian of Ms. Hi]let's person and esta~ie. 4 3. The guardiarlship of the peFsen shal ~ 5 extend fef a period of 72 hours, subject to khe guardian's 6 right ~o apply for an extension of 20 additional days; the 7 guardianship ef the estate shall extend ~or a period of 8 30 days. 9 4. The guardian is directed te exhaust all 10 possibilities of residency other than a nursing home prior 11 to cer~sidering placement ef Hs. Miller in a nursing home, 12 and to preserve and protect her cat from harm. 13 BY THE COURT, 14 /s/ J. Wesley Clef, Jr., J. 15 16 J. Wesley Oler, Jr., J. 17 18 THE COURT: So, Ms. Miller, on an eme/gency 19 basis I have appointed the guardian. If you and Mr. Scher'er 20 can work something cub and give me some other option, I'm 21 more than happy to do it because I am completely in sympathy 22 with your situation. I agree with what you have said. I'm 23 just concerned that you need more support than you're 24 getting right now. Court is adje~:cned. 25 (Whereupon, the proceed4ngs conc]uded.) 72 CRRTI FiCATION I hereby certify that the proceed:ings are conta{ned fully and accurately in the notes taken by me on the above cause, and that this is a cerrect transcr{pt e[ same. Official Ceurt Reporter' The foregoing record ef the preceedings on the hearlng of the within matter is hereby approved and directed te be filed. .,~nt]~ Judidal District 73 IN RE: : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA : BLANCHE MILLER, : ORPHANS' COURT DIVISION An alleged incapacitated person: : NO. 21-04-782 ORDER OF COURT $ow, this/'t day of September, 2004, this matter having been called for a heating, the Court finds, upon clear and convincing evidence, that Blanche Miller is an incapacitated person in that she suffers from a mental impairment that prevents her from receiving and evaluating information effectively and prevents her from formulating and communicating decisions to such a significant extent that she is unable to manage her financial affairs or meet essential requirements for her physical health and safety on a daily basis. The Court appoints the Area Agency on Aging, in and for Cumberland County, Pennsylvania, as Permanent Plenary Guardian of the Person and Estate of Blanche Miller. BY THE COURT P.J. CC: Anthony L. DeLuca, Esquire Attorney for the Area Agency on Aging Michael A. Scherer, Esquire Court Appointed for Blanche Miller Area Agency on Aging AUTHORITY TO PAY COURT APPOINTED COUNSEL22 2 vouc '3. FOR (D J., C.P, APPELLATE) ~i~/STATE) Cou~t 0~ Common Pleas Ca~lisle, Pennsylvania 5. SUOGETCOOE 6.1N THE CASE OF ~N R~: 7 CHARG~OFFENSE(PURDONCITATION] /~(~/~?~'"' ~'~[' Guardianship u FELONY ~ MISi~EMEANO~ 1 1 PERSON ~EP~ESENTED 12 CIVIL DOCKET NO Blanche Miller 9 : Michael A. Scherer, Esquire Honorable J. Wesley Oler, Jr. O'Brien, Baric L Scherer 19 West South Street NA~5 OF CO~ON PLEAS JUDG5 ASSiGNeD TO CAS5 Carlisle, Pennsylvania 17013 1~ TELEPHONE NO. '717) 249-6873 25-1708515 CLAIM FOR SERVICES OR EXPENSES TOTAL HOURS= 4. O0 $45 . O0 x 2~R H~R =~ 180.00 ~ ~ ~ Oma,ni~g a,~ re~iewin~ r~o~d~ 0 . 8 5 SEE ATTACHED hours. Enter ~o~al "Out o~ Cou~" ~OT~L.OU~S= 2. 60 $45. 00 X PSRH~ =~ 117.00 Mileage $.25 ~r mi e I~M~ZATJON OF REIMBURSABLE EXPENSES ~ ~ O 21~ TOTAL ITEMIZED EXP. 22. CERTiFICATiON OF A~ORNEY/PAyEE MICHAEL A. SCHERER, ESQDIRE 23. GRANOTOTALC~iMED of the above s~a ements / ..... ~ .......... ' ? ~ ~ ~ 25 N~ AMOUNT C~IMED 2~ .......... ~, =S297 00 Oy ~ - Mail to Cou~ Administrator at completion of se~ice La~ O]fices Robert L. O'Brien O'BRIEN, BARIC & $CHERER Dcwid A. Baric Michael A. $¢herer ]9 West Soulh Street Carlisle, Pennsylvania 17013 E-mail obs(~obs[aw, com (717) 249-6875 FA~E' (7] 7) 249-5755 September 21,2004 Court Administrator 1 Courthouse Square Carlisle, PA File #: 3591 Inv #: 12919 Blanche Miller Guardianship DATE DESCRIPTION HOURS AMOUNT LAWYER Aug-23-04 Receive and review petition. 0.25 $11.25 MAS Aug-24-04 Travel to Holy Spirit Hospital and meet with 1.50 $67.50 MAS Blanche Miller. Aug-25-04 Prepare for Blanche Miller guardianship 3.00 $135.00 MAS hearing. Represent Blanche Miller at hearing. Aug-26-04 Telephone conference with Tony Deluca 0.25 $11.25 MAS regarding extension of emergency Order. Receive and review J. Oler's opinion. 0.10 $4.50 MAS Aug-27-04 Receive and review petition to extend 0.50 $22,50 MAS emergency order. Telephone conference with J. Oler and Reverend McDonald. Sep-14-04 Review file. Speak with Tony DeLuca. Meet 1.00 $45.00 MAS with Blanche Miller. Represent Blanche Miller at incapacity hearing before J. Hoffer. Totals 6.60 $297.00 . Invoice #: 12919 Page 2 September 21, 20, Total Fees & Disbursements $297.00 Previous Balance $0.00 Previous Payments Interest Due $0.00 $0.00 Balance Due Now $297.00 Aodve~i];s;ative charge °f I% per m°nth (I2% per annum) will be added to an outstan ' ays. ~Y ding balance Payment due within 20 days of invoice date, AUTHORITY TO PAY COURT APPOINTED COUNSEL (L~ S~'P 2?-~0~ 1. COURT [] District Justice ~. Common Pleas 5] Appellate ~ Other 6 Court Of Common Pleas Carlisle, Pennsylvania /~_/{~¢,.. ~- :~ 6 IN THE CASE OF IN RE: 7 CHARG~OFFENSE {PUROON C)TAT)ON) 8. ~ P~ OFFENSE Blanche ,Ailler Guardianship o FELONY~MISDEMEANOR 9 PROCEEOINGS (Describe briefly) 1 1. PERSON REPRESENTED 12. CIVIL DOCKET NO Guardianship Proceedings 2 ~ o,,,~,.J,,.,,,. J~ C'~-C']73_ Blanche Miller 9 ~ Michael A. Scherer, Esquire Honorable J. Wesley Oler, Jr. O'Brien, Baric & Scherer 19 West South Street NAME OF COMMON PLEAS JUDGE ASSIGNED TO CASE Carlisle, Pennsylvania 17013 ~7 TELSPHO~SNo.2~9_6873 (717)['825_1708515 CLAIM FOR SERVICES OR EXPENSES 19. SERVfC5 HOURS DATES AMOUNTS CLAIMED j. Oth., (S~.c~ o, ad~it~o~ ~..~)GUARDIANSHIP 4. O0 SEE ATTACHED ~O~L.OU~S= 4. 00 $45. O0 X ~R H~ =$ 180.00 20. ~.'.,~.a.aso,,.,..c., ~.75 SEE ATTACHED Mult,~lyrate~erhour,,mesto~al  hour3. E.ter tolal "OUt O1 CouP" b Obtainingand~eviewingr~ords 0 · 85 S~ A~AC~D com~sation~low TOTAL HOURS= 2 · 60 ~ · 00 X PER H~R =$ 2~ I~MIZATION OF REIMBURSABLE EXPENSES '" AM~ PER ITEM Mileage $25 ~r mile x O 21~ TOTAL ITEMIZED EXP. =$ 22. CERT~FICATIONOFA~ORNEY/PAyEE ~g~A~ A. Sg~R/ ~SQU~ 23. GRANDTOTALC~IMED of the above statements /~n~ure~A,om~Payee Date = S 2 9 7 · 0 0 C 3y 1 - Mail to Coud Administrator at completion of se~ice La~ Robert L. O'Brien OrBR1EN, B.4RIC & SCHERER DavidA. Baric 19 West South Street Michael A. Scherer Carlisle, Pennsylvania 17013 E-mail obs(¢obslcrw, com (717) 249-6873 FAX.- (717) 249-5755 September 21, 2004 Court Administrator 1 Courthouse Square Carlisle, PA File #: 3591 Inv #: 12919 Blanche Miller Guardianship DATE DESCRIPTION HOURS AMOUNT LAWYER Aug-23-04 Receive and review petition. 0.25 $11.25 MAS Aug-24-04 Travel to Holy Spirit Hospital and meet with 1.50 $67.50 MAS Blanche Miller. Aug-25-04 Prepare for Blanche Miller guardianship 3.00 $135.00 MAS hearing. Represent Blanche Miller at hearing. Aug~26-04 Telephone conference with Tony Deluca 0.25 $11.25 MAS regarding extension of emergency Order. Receive and review J. Oler's opinion, o. 10 $4.50 MAS Aug-27-04 Receive and review petition to extend 0.50 $22.50 MAS emergency order. Telephone conference with J. Oler and Reverend McDonald. Sep-14-04 Review file. Speak with Tony DeLuca. Meet 1.00 $45.00 MAS with Blanche Miller. Represent Blanche Miller at incapacity hearing before J. Hoffer. Totals 6.60 $297.00 v Invoice #: 12919 Page 2 September 21, 20~ Total Fees & Disbursements $297.00 Previous Balance $0.00 Previous Payments $0.00 Interest Due $0.00 Balance Due Now $297.00 Administrative charge qf l% per month (12°.4o per annum) will be added to any outstanding balance over 30 days. Payment due within 20 days of invoice date. Marjorie A Wevodau First Deputy One Courthouse Squere Carlisle, Pa17013 C;tCI-IUS ;=&i"1"181 3li'asiJsugi I ReQister of \Nil!s g 2.ierk of the Orpher.s Ccurt (717) 24U-6345 FAX (717) 240-7797 h-irk S Sohonage, Esquire Solicitor OFFICES OF Register of Wills anb Q1lerh of tIJe <!&rpI)ans' Q10urt <Countp of ((umbrrlantJ December 1, 2005 Area Agency on Aging One Courthouse Square Carlisle P A 17013 IN RE: Estate ofBlance Miller, an incapacitated person File No, 21-04-782 Dear Sir/Madam: It has come to my attention that you have not filed the guardian reports reqmred by 20 Pa,C.S.A. 95521 (c) in the above captioned guardianship. Enclosed you will find the suggested form(s). Please mail those reports, along with a check for the filing fee which is $15 for each report filed, payable to the Clerk of Orphans' Court, to the following address within (30) days: Clerk of Orphans' Court One Courthouse Square Carlisle, P A 17013 If you have any questions, please contact your attorney, Respectfully, Glenda Farner Strasbaugh Clerk of tbe Orphans; Court CC: i\nthony L. Deluca, Esquire 04-1g~ OJumbcrlanll OJnuntt! OOffirc nf Aging & OJnmmunitt! ~cruitc!i HUMAN SERVICES BUILDING 16 West High Street, Carlisle, PA 17013 [717] 240-6110 or 697-0371, Ext. 6110 532-7286, Ext. 6110 Fax: 240-6118 website: www.ccpa.net/a!!inl?: e-mail: al?:inl?:\a)ccpa.net !J) FINAL GUARDIANSHIP REPORT FOR BLANCHE E. MILLER Bruce Barclay Chairman January 17,2006 Ga'jjiJ';i't'~1~;:;,g;~ Richard 1. Rovegno Secretary Terry L. Barley Direclor L.:.__ Ci_ c_:' Report from Guardian of Person and Estate Cumberland County Office of Aging Priscilla M. Whitman, Aging Care Manager 3 \,," On August 25,2005 Judge J.Wesley Oler appointed the Cumberland County Office of Aging Emergency Guardian of Person and Estate for Blanche E. Miller. On September 14,2005 the Cumberland County Office of Aging was appointed permanent guardian of person and estate of Blanche E. Miller by Judge George E. Hoffer. Client was transferred from Holy Spirit Hospital to Manor Care in Carlisle. The Cumberland County Office of Aging opened a guardianship account for Miss Blanche E. Miller with Orristown Bank following the appointment. The Office of Aging also applied to the County Board of Assistance on her behalf and Medical Assistance became effective on August 25, 2005. The Office of Aging paid some of Miss Miller's outstanding bills and prepaid for funeral services with Auer Memorial Home and Cremation Services. The Office of Aging was also responsible for the cleaning out of her apartment and dispersing of her private property. Miss Miller had been diagnosed with history of arterial fibrillation with a pacemaker, intermittent chest pain, and severe stenosis, shortness of breath upon exertion, possible vision deficits and dementia. She was also being treated for depression and anxiety. Her mood swings of crying, being paranoid and highly agitated decreased as time progressed. Her mental status was noted to be of confusion, not oriented to date or place, her thought process was disorganized and she displayed decreased safety awareness. Miss Miller while at Manor Care was a resident of the dementia unit known as Arcadia. Miss Miller attended several activities a day, had a pleasant affect and enjoyed the staff. She was able to feed self and provide minimal hands on care with her daily living activities. She required 24 hour supervision and medical treatment, staff provided much assistance with her daily needs and she received regular psychological therapy services from Summit Behavioral Health. Miss Miller was ambulatory with her wheeled walker that had a seat for resting. She enjoyed conversing with others and could be found sitting on her walker in another resident's room. She also spent a portion of each day reading and reflecting in the quiet of her room. 1 \{{; Miss Miller suffered a severe stroke on March 20, 2005. Manor Care notified the on call worker for the Office of Aging who then notified the care manager. The care manager visited and Blanche was non-responsive but appeared to be resting comfortably. Blanche received comfort measures only until her death on March 23,2005. During her stay at Manor Care Miss Miller was visited every 30-60 days by the care manager. In addition to visiting client, the care manager reviewed the medical record and discussed Miss Miller's condition with the nursing staff. All required care plan meetings were also attended. Attached is a spreadsheet showing the activity III Miss Blanche Miller's guardianship checking account. Name Blanche Miller Acct # 5003913916 Date Check # 11/17/2004 Beginning Ba!. 11/17/2004 Check #1001 11/24/2004 Check #1002 11/24/2004 Check #1003 12/6/2004 SS Check 12/13/2004 Check #1004 12/13/2004 Check #1005 12/13/2004 Check #1006 12/13/2004 Check # 1007 12/13/2004 Check #1008 12/15/2004 Check #109 12/15/2004 Check #1010 12/15/2004 Check #1011 12/15/2004 Check #1012 12/20/2004 Check #1013 12/29/2004 Check #1014 12/29/2004 Check #1015 12/29/2004 Check #1016 1/4/2005 Check #1017 1/6/2005 Refund 1/6/2005 SS Check Debit Memo Check Deposit Ending Amount Amount Balance $6,058.93 $6,032.43 $4,026.43 $3,326.43 $1,384.00 $4,710.43 $4,683.93 $4,669.48 $4,658.48 $4,624.48 $4,544.34 $4,470.68 $4,420.97 $4,279.02 $3,385.62 $3,285.62 $3,253.27 $3,222.61 $3,136.01 $3,136.01 $9.80 $3,145.81 $1,412.00 $4,557.81 $247.18 $4,310.63 $4,310.63 $26.50 $2,006.00 $700.00 $26.50 $14.45 $11.00 $34.00 $80.14 $73.66 $49.71 $141.95 $893.40 $100.00 $32.35 $30.66 $86.60 I I i c: o .- 0. 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