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HomeMy WebLinkAbout10-28-11IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD P. HARVEY, An alleged incapacitated :ORPHANS' COURT DIVISION person NO. 21-11- ~~~RG PETITION FOR THE APPOINTMENT OF --_ - E_MERGENCY PLENARY GUARDIAN OF THE. PERSON AND ESTATE -- _ - IN ACCORDANCE WITH 20 P.S. X5513 AND FOR PERMANENT PLENARY - - --- -- GUARDIAN OF THE PERSON AND EST__ATE PURSUANT TO 20 P.S. X5511 AND NOW COMES THE PETITIONER, the Cumberland County Aging & Community Services, in and for Cumberland County, Pennsylvania, by its solicitor, Anthony L. DeLuca, Esquire, who represents and avers as follows: The Petitioner is Cumberland County Aging & Community Services, in and for Cumberland County, Pennsylvania, with its office located at l 100 Claremont Road, Carlisle, Cumberland County, Pennsylvania. 2. The alleged incapacitated person is Donald P. Harvey, age 78, who is currently in the Behavioral Health Center at Holy Spirit Hospital but has a home at 5224 Oxford Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. The known relatives of the alleged incapacitated person are: -~ _ -'~` "m~~ a. Phyllis Randolph -sister ~' -~ --~ 56 North Dr. ~ ~:~ "' f, .~ Holland, PA 18966 ' -` ., ~_ ~ __ _, , _ ,- -- _ _. ~1 ~ -- i .. `--,~ ~ b. Fae Kammerer -sister 25 Parsonage Street Newville, PA 17241 c. Kenneth Harvey -brother 302 Walnut Street Catasauqua, PA 18032 d. Alan Harvey -son 32810 19`h Ave. SW Federal Way, WA 98023 e. Scott C. Harvey -son 2807 W. Livingston Street Allentown, PA 18104 4. The Petitioner is not related to Donald P. Harvey. 5. The Petitioner's interest is that of a welfare agency concerned with his welfare and is familiar with his case. 6. On or about August 19, 2011, the Petitioner received a report of need of Protective Services for Donald P. Harvey and, when visited by Petitioner's authorized representative, it was noted that he ambulated very slowly with the use of a quadcane, that he complained of leg pain, and said that his caregiver would not take him to a doctor. ~. At the meeting on August 19, 2011, there was a plan agreed upon for him to go to a senior center on the following Monday and arrangements would also be made for a physician's assistant to examine him. 8. Mr. Harvey did go to the senior center on the Monday and upset other people there with talk of suicide. 9. Petitioner's authorized representative visited him at the senior center on that Monday and was informed by Mr. Harvey that he wanted to move out of his house because he could not take the treatment that he was getting from his caretaker and wanted to kick out the caregiver or the caregiver's family or both. 10. Mr. Harvey's caregiver was later contacted by the senior center for the purpose of taking him out of the center because he kept telling people that he wanted to commit suicide. Mr. Harvey was later admitted to the Behavioral Health Unit at Holy Spirit Hospital where he was described as being semi-cooperative, confused, disoriented and hard of hearing. 12. During his stay at Holy Spirit Hospital, it was determined that the caretaker Billie Castaneira, also known by the last names of Brown, Dunlap and Edwards, and her family moved out of Mr. Harvey's house. 13. While at the Behavioral Health Unit of Holy Spirit Hospital, Mr. Harvey met a woman who had been in the hospital at Holy Spirit for 30 days and the Mental Health Unit for 5 days. Mr. Harvey told this woman that she could live in his house until she could find an apartment. 14. Petitioner's authorized representative went to the house, saw this woman and was informed that Billie had moved in with her boyfriend. I5. While at Holy Spirit Hospital, a psychological evaluation was conducted and the following was noted: a. That he was extremely confused and agitated when first admitted; b. That he was disheveled and malodorous; c. That he was unable to feed himself or ambulate independently: d. That he was disoriented as to person, place, date, month and year; e. That he had given over $90,000.00 to his caretaker which has put him in financial jeopardy; and f. That he had recently allowed another patient to live in his home although he knew almost nothing about her background or possible legal problems. 16. Further investigation has revealed that on November 20, 2010, Mr. Harvey attempted suicide by drinking antifreeze, told police that he was upset with family issues and was hospitalized at Polyclinic Psychiatric Institute for about 6 weeks. 17. There is an existing Power of Attorney wherein his son, Scott Harvey, is named as his attorney-in-fact but the power of attorney does not become effective until Donald P. Harvey is determined to be incapacitated by a psychiatrist. 18. Robin K. Miller, M.D., at Holy Spirit Hospital, has determined that Mr. Harvey is incapacitated but his son, Scott Harvey, refuses to exercise the power of attorney because of fear of Billie Castaneira. 19. Donald P. Harvey's mental incapacity prevents him from managing and caring for the affairs of his person and estate. 20. The Petitioner believes and, therefore, avers that Donald P. Harvey's income is approximately $2,000.00 a month. 21. Petitioner has been advised by Holy Spirit Hospital that Mr. Harvey no longer meets the criteria for inpatient psychiatric services and should be discharged. 22. Petitioner requests that it be appointed Emergency Plenary Guardian of the Person and Estate of Donald P. Harvey and subsequently be appointed Permanent Plenary Guardian of his Person and Estate. 23. The proposed Guardian has no interest which is adverse to the interest of~ Donald P. Harvey. 24. Petitioner believes, and, therefore avers that Donald P. Harvey does not already have a Guardian. 25. Petitioner asserts that Donald P. Harvey is incapacitated as defined in Chapter 55 of the Probate Estates and Fiduciaries Code. 26. Because of his impaired mental and physical condition, Donald P. Harvey lacks the capacity to provide for his own personal care and maintenance. 27. Because of his impaired mental and physical condition, Donald P. Harvey is unable to manage his financial affairs, property and business and is unable to make and communicate responsible decisions relating thereto. 28. To Petitioner's knowledge, no previous application has been made for the order herein requested or for a similar order. 29. No other Court has ever assumed jurisdiction in any proceeding to determine the capacity of Donald P. Harvey. 30. Petitioner avers that Donald P. Harvey may have sufficient assets which would enable him to pay for services rendered by the Guardians of his Person and Estate. 31. If appointed as Permanent Plenary Guardian of the Person and Estate of Donald P. Harvey, Petitioner would seek payment for its services pursuant to the Guardianship Fee Schedule which is attached hereto, marked as Exhibit "A", and incorporated herein by reference. 32. At such time that Donald P. Harvey no longer has sufficient assets to pay for Guardianship services, then, and in such event, Petitioner would seek payment under the Medical Assistance Regulations. 33. Medical Assistance regulations as set forth in Nursing Care Handbook instructions allow for the payment of Guardian fees as a deduction when determining contribution toward cost of care. 34. The amount of the Guardian's fee that is allowable as a deduction is the actual fee paid subject to a maximum of 10% of the person's gross monthly income or $100.00 per month, whichever is less. 35. Petitioner believes and, therefore, avers that it would be entitled to receive payment of a Guardianship fee as allowed by Medical Assistance regulations and that said fee be a deduction toward the cost of the care of Donald P. Harvey. WHEREFORE, the Petitioner respectfully requests that: 1. The Court appoint the Cumberland County Aging & Community Services, in and for Cumberland County, Pennsylvania as Emergency Plenary Guardian of the Person and Estate of Donald P. Harvey pending a final hearing on this Petition with such Emergency Guardian having full power to place Donald P. Harvey into a nursing home or such other facility deemed appropriate and such other powers and restrictions the Court deems proper; 2. Pursuant to 20 Pa.C.S.A. §5513, the Court find that the emergency necessitating the filing of this Petition will continue beyond seventy-two (72) hours from the date of any Emergency Order; 3. Pursuant to 20 Pa.C.S.A. §5513, the Court schedule a final hearing on or within 23 days from the date of any Emergency Order; 4. The Court appoint the Cumberland County Aging & Community Services, in and for Cumberland County, Pennsylvania as Permanent Plenary Guardian of the Person and Estate of Donald P. Harvey; and 5. Grant payment of a Guardian fee to Petitioner pursuant to the attached fee schedule and, at such time that Donald P. Harvey no longer has sufficient assets to pay for the services, the Guardian shall be entitled to a maximum of 10% of Donald P. Harvey`s gross monthly income or $100.00 per month, whichever is less. Respectfully Submitted, Anthony L. Luca, Esquire 113 Front Street P.O. Box 358 Boiling Springs, Pennsylvania 17007 (717) 258-6844 ID# 18067 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 pursuant to 20 P.S. §5513 and Permanent Plenary Guardian of the Person and Estate pursuant to 20 P.S. §5511 of Donald P. Harvey are true and correct to the best of my knowledge, information, and belief. I understand that any false statements contained herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: ~~ e~ ~:, t~t~- .~:'7 "~ ~ i ~ ~' ~ 4 ~.~.,~ c'~ ? Janet Paull ~~`~~°G CUMBERLAND C() ~TNT~' ,~ ti,, ~ ~ ~` AGING & COMMUNITY SERVICES a; ~%`t Z~~ '~ 1100 CI.nRe;Nrc~t~~r Rc~nC~, C ~~~i isi.i., P.A 1,015 ~ (717) 240-6llU OR 1-8~8-61 ~-031 i~:xr bll0 c~ti1M UN~'~ $ ~ ~~: (,1, 240-G11~ One Team . ..One lblu.rior, Gary Eichelberger ~ ~~n~,,m~,,, Richard L Rovegno The below listed Fee Schedules are applicable to individuals who `"` `~""'r"'°" Barbara B Cross .A'ec~'rlury have assets and/or income that excludes them from the ~~~„ ~. t3;,r~e> Penns ylvania Department o f Aging Medicaid Waiver Program. GUARDIANSHIP FEE SCHEDULE ONE TIME INITIAL START UP GUARDIANSHIP FEE - $350.00 Cumberland County Aging and Community Services shall charge a one time, initial start up, Guardianship Fee of $350.00 when it is appointed guardian of the person of an alleged incapacitated person or guardian of the person and estate of an alleged incapacitated person. Thereafter, Cumberland County Aging and Community Services shall charge a monthly Guardianship Fee as Guardian of the Person or as Guardian of the Person and Estate at the rate of $~5o per month. MONTHLY GUARDIANSHIP FEE FOR GUARDIAN OF PERSON& ESTATE RATE - $50.00 • The $~5o per month includes managing of finances; attendance at quarterly care plan meetings; monthly visits; review of medical care and medical charts, annual reports, shopping for clothes and personal items, routine medical and dental appointments, application for benefits such as but not limited to veterans benefits, funeral arrangements. EXHIBIT "A" F.MAll~ US :~T aging~R ccpa.net OR VLSI"I' OUR WEBSI'CI•: A'I' www.ccpa.netj aging MONTHLY GUARDIANSHIP FEE FOR GUARDIAN OF PERSON - $~oo.oo • This includes attendance at quarterly care plan meetings; monthly visits; review of medical care and medical charts; annual reports; shopping for clothes and personal items; routine medical and dental appointments. IN EXCESS RATE - $5o/HOUR In the event that Cumberland County Aging and Community Services, as a Guardian, is required to provide any services outside the scope of routine Guardianship care, including but not limited to travel to/from non-routine medical appointments, travel to visit with family that are not able to visit in the facility; locating and/or moving to a new facility, overseeing the disposition of personal property or any special circumstances not listed above, then, and in such event, Cumberland County Aging and Community Services shall be entitled to charge $5o per hour for said services. POWER_OF ATTORNE_Y__ FEE_SCHEDI~LE ONE TIME INITIAL START UP POA APPOINTMENT FEE - $50.00 Cumberland County Aging and Community Services shall charge a one time, initial start up, Power of Attorney Fee of $~50.0o when it is appointed Power of Attorney of the person of an alleged incapacitated person or Power of Attorney of the person and estate of an alleged incapacitated person. Thereafter, Cumberland County Aging and Community Services shall charge a monthly Power of Attorney Fee as Power of Attorney of the Person or as Power of Attorney of the Person and Estate at the rate of $75 per month. MONTHLY POA FEE- $75.00 • This includes managing of finances; attendance at quarterly care plan meetings; monthly visits; review of medical care and medical charts, shopping for clothes and personal items, routine medical and dental appointments, application for benefits such as but not limited to veterans benefits, funeral arrangements. IN EXCESS RATE - $5o/HOUR In the event that Cumberland County Aging and Community Services, as a Power of Attorney, is required to provide any services outside the scope of routine Power of Attorney care, including but not limited to travel toJfrom non-routine medical appointments, travel to visit with family that are not able to visit in the facility; locating andJor moving to a new facility, overseeing the disposition of personal property or any special circumstances not listed above, then, and in such event, Cumberland County Aging and Community Services shall be entitled to charge $5o per hour for said services.