HomeMy WebLinkAbout11-01-11IN RE:
Ms.Daree Kepner
an Alleged Incapacitated
Person
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
ORPHANS' COURT DIVISION
GUARDIANSHIP
PETITION FOR APPOINTMENT OF
AN EMERGENCY GUARDIAN PURSUANT
TO 20 PA. C.S.A. § 5513
1)
Petitioner:
Petitioner: Robert L. O'Brien, Esquire
Address: 19 West South Street, Carlisle, PA 17013
717-249-6873
2)
The Alleged Incapacitated Person:
Name: Daree Kepner
Age: 59 DOB 9/2/52
Address: 1 West Penn Apt-314
Carlisle, PA 17013
3)
The Alleged Incapacitated Person's Heirs:
Spouse: none
Children: none
Parents: deceased
Address:
Other: Sister, Yvonne Wert, proposed Guardian.
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4) Residential Services Provider: Ms. Kepner is retired and lives independently with
assistance services provided by MHMR.
5) Other Providers of Services: Cumberland/ferry MHMR
6) Proposed Guardian: The petitioner, Robert L. O'Brien, Esquire, of MHMR,
requests the appointment of Yvonne Wert, as guardian of the person of Daree Kepner.
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7) Averment of Disinterest:
The proposed Guardian has no interest adverse to that of Ms. Kepner.
8) Reasons Why Guardianship is Requested:
To assist in medical decisions, and insure availability of all possible
resources for Ms. Kepner's care and treatment. Medical Authorizations have to be signed
prior to scheduled surgery. She will be discharged from the hospital and papers have to be
signed in connection with discharge and transfer. Ms. Kepner is diagnosed with complex
endometrial hyperplasia requiring a complex medical procedure. The physician and hospital
have concerns about Ms. Kepner's capacity to sign consents and request the appointment of a
Guardian.
9) Functional Limitations and Physical and Mental Condition:
see attached report, basically, mild mental retardation
10) Value of Estate:
Gross value: 0
Income: SSI.
Financial
Obligations: Cost of care.
WHEREFORE, Petitioner respectfully requests that Yvonne Wert be appointed
guardian of the estate and person.
Respectfully submitted,
O'BRIEN, BARK & SCHERER
By
Robert L. O'Brien, Esquire
Attorney for Petitioner
I.D. # 28351
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
I verify that the statements made in the foregoing Petition for Appointment of an
Emergency Guardian Pursuant to 20 PA. C.S.A. § 5513 are true and correct to the best of my
knowledge, information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities.
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Robert L. O'Brien, Esquire
Dated: ~ I ~ t \
1:44:14 a.m. 08-26-2011 2 i 11
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ASSOCIATES
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A Camp Hill: (717) 732-2917
4312
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412 Erford Road
Camp Hill, PA 17011 ~ ~ ; , , -
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Carlisle: (717) 245-2289
Stanley E. Schneider, Ed.D. ~~.,~~
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FAX: (717) 732-5375
Director
PSYCHOLOGICAL EVALUATION
Client:
Daree Kepner /1
S ~%~I -' ~ / ~ y 7 + ~ ~g /
B/D: 9/2/52
Age: 47
Education: Special Education
Occupation: Unemployed
Referring Agency: CP MH/MR
Case Manager: Judy Smith
Evaluation Date: 5/5/00
Referral Information. Daree has been referred for a psychological evaluation to help determine
level of daily adjustment, including the ability to manage financial benefits.
Assessment Tools. Review of records, Observation and Interview.
Review of Records. I previously evaluated Daree in July 1999 (also April 1991). The following
IQ results fell in the mild range of mental retardation: Verbal-55, Performance-54, Full Scale-50.
A factor of neurological impairment was evident in Daree's drawings and in the medical
diagnosis of a seizure disorder which has been treated with Dilantin and Phenobarbital. The
neurological factor may have been contributing to a growing increase of irritability and paranoia
in the work place. At the time Daree was consistently upset at work but was still managing to
keep her dishwashing job.
Observation. Daree was accompanied by her case manager Judy Smith. She made a neat and
clean presentation. Her speech was clear, but her ability to convey ideas and meanings was quite
limited. Daree was quick to take offense at things Ms. Smith or myself might say, but at the
same time she was clearly dependent on our support. She spoke very negatively of her previous
workplace, not even acknowledging a positive motive for her retirement party.
Interview. Daree officially resigned on March 30 from her dishwashing job of 21 years at the
Cumberland County Nursing Home. She was persuaded to complete two weeks to qualify for
benefits. Daree was hostile and angry about her job ending but denied those attitudes in
conversation. Shortly before the resignation, Ms. Smith had been in Daree's home when Daree
was extremely distressed and was saying things like, "I won't go back. I won't, I won't." Ms.
Smith was regularly receiving phone calls from Daree and from her work place about problems.
Daree said to me, "They weren't nice to me. They told lies about me." She was also unable to
handle the attitudes of younger employees. Her rigid routine orientation interfered with needs to
be flexible in certain situations. Apparently it was also not possible for fellow employees to
.~-_.Y__,.~.e..c:.,o Dcv~-hningical SerVICeS • Dru1; and Alcohol Treatment
2 MH/MR (DKepner)
"joke around" with Daree, and she was perceived on her job evaluation as having characteristics
of rudeness and insensitivity and being unable to solve simple problems or learn simple skills;
for example, she was not trusted to wash sharp implements.
Daree's living circumstances have not changed since the last report. She lives alone but receives
weekly cleaning help. Her aunt maintains daily contact through phone calls and visits. She
continues to maintain a friendship with a male who provides transportation and helps with
household needs. Those who work with Daree plan for her to be evaluated in the 20 day program
of the CIT sheltered workshop. It is anticipated that she will remain employed by CIT. Daree
likes the idea of having her week-ends and holidays free. As part of her training she will learn to
take the bus between home and work.
Diagnostic and Clinical Impressions. The appropriate diagnoses appear to be mild mental
retardation (317.0), neurologically impaired cognitive function (294.9), and paranoid features of
personality (301.0) which are probably intensified by the neurological factor. Cognitive and
perceptual distortion and rigidity have made it impossible for Daree to continue to function in a
mainstream work setting, and her judgment is further not sufficient to manage her own funds
without assistance.
Eu ne H. Stecher, M.A.
Psychologist