Loading...
HomeMy WebLinkAbout12-27-11IN RE: FRANCES STANBERRY IN THE COURT OF COMMON PLEAS OF An Alleged Incapacitated Person :CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION,... © a..3 . --- -; No. ~C.I - I I - I ~~ ~ -~; t:. c~ . ~ _ =_t n, ~, On the Petition of FINESSE COBB _ '' '`' - c._ , =r; r• PETITION UNDER 20 PA.C.S. §5511 FOR THE APPOINTMENT OF GUARDIAN OF THE ESTATE AND PERSON OF FRANCES STANBERRY To the Honorable, the Judges of the said Court: Petitioner, Finesse Cobb, respectfully submits this Petition to the Court to adjudicate Frances Stanberry an Incapacitated Person and to appoint a Plenary Guardian of the Person and Estate of Frances Stanberry, an alleged Incapacitated Person, and in support thereof avers the following: Jurisdiction and Venue 1. Petitioner is Finesse Cobb, the daughter of the alleged incapacitated person and an adult individual residing at 2802 Oakwood Drive, Harrisburg, PA 17110. 2. Frances Stanberry, the alleged incapacitated person, was born May 8, 1925, is single and is eighty-seven (87) years old. She has resided at Golden Living Center, 770 Poplar Church Road, Camp Hill, PA 17011, since 2005. 3. This Court has jurisdiction under 20 Pa. C.S. §§711(10), 5512(a) because the alleged incapacitated person resides in Cumberland County, Pennsylvania. 4. No other court has ever assumed jurisdiction in any proceedings to determine the capacity of the alleged incapacitated person. ~~ Interested Parties 5. To the best of Petitioner's information and belief, the alleged incapacitated person, who is single, has the following known next of kin: Petitioner Finesse Cobb (daughter), 2802 Oakwood Drive, Harrisburg, PA 17110 Charles R. Levy (son) 2801 Penbrook Ave, Apartment 4, Harrisburg, PA 17103. 6. The name and address of the person or institution most recently providing residential services to the alleged incapacitated person are as follows: Golden Living Center, 770 Poplar Church Road, Camp Hill, PA 17011. 7. On information and belief, the alleged incapacitated person was not a member of the United States Armed Services and has not been a resident in a Veterans Administration Hospital. On information and belief, Frances Stanberry is a United States' citizen and does not receive benefits from the United States Veterans Administration. 8. No other guardian has been appointed for the estate or person of Frances Stanberry. 9. On information and belief, Frances Stanberry does not have a guardian, trustee, power of attorney, will or any advance directive. Proposed Plenary Guardian 10. The proposed plenary guardian of the estate and person is petitioner Finesse Cobb. 11. The proposed guardian's consent is attached to this petition as Exhibit "A". 12. The proposed plenary guardian is a high school graduate, who has the following qualifications: a. She is the daughter of the alleged incapacitated person; b. She has been the primary decision-maker for her mother, the alleged incapacitated person, for many years; c. She has no interest which is adverse to her mother; and d. On information and belief, no party in interest objects to Finesse Cobb being appointed personal and financial guardian for Frances Stanberry. Factual Background/Limitations of Alleged Incapacitated Person 13. Frances Stanberry, the alleged incapacitated person: (a). suffers from progressive advanced dementia and is severely impaired; (b) she often does not recognize family members; is not capable of communicating her needs or desires and is unable to speak; (c) she is not able to bathe herself, dress herself, and or tend to her personal care needs; (d) she suffers from dementia to such a degree that she is impaired in her capacity to receive and evaluate information effectively, and is impaired in her ability to meet essential requirements for her physical safety and health; and (e) Frances Stanberry is an "incapacitated person" within the meaning of Section 5501 of the Probate, Estates and Fiduciaries Code, 20 Pa. C. S. §5501 and her condition is not expected to improve. 15. Because of her mental and physical condition, Frances Stanberry is totally unable to manage her financial affairs, property and business and to make and communicate responsible decisions relating thereto, including the ability to communicate her need for assistance in these areas. In particular, she is unable to analyze information, read, write or speak effectively. 16. Because of her impaired mental and physical condition, Frances Stanberry lacks the capacity to make or communicate responsible decisions concerning her person and is unable to keep herself properly nourished, hydrated, medicated, clothed or sheltered and is unable to understand her needs or communicate her need for assistance to others. 17. The following steps have been taken to determine whether there are less restrictive alternatives to the appointment of a guardian of the estate and person: (a) An investigation as to whether Frances Stanberry has a durable power of attorney, trust or advance directive authorizing anyone to make decisions relating to her estate and person. (b) As the alleged incapacitated person is unable to communicate her wishes and as there are no known powers of attorney or advance health care directives executed by the incapacitated person, there are no less restrictive alternatives available other than the appointment of a guardian. 18. The severity of the Frances Stanberry's mental and physical condition and the lack of viable, less restrictive alternatives necessitate that a plenary guardian of her estate be appointed to manage and handle all aspects of Frances Stanberry's estate, specifically, but not limited to: all issues relating to cash, checks, bank savings, stocks, bonds, personal property, real property, insurance policies, government entities, taxes, execution of documents, entry in contracts, pursuing claims or litigation and the payment of reasonable compensation for services provided to the person. 19. The severity of Frances Stanberry's mental and physical condition and the lack of viable, less restrictive alternatives necessitate that a plenary guardian of her person be appointed to handle all issues relating to the person of Frances Stanberry, specifically, but not limited to: living arrangements, medical and psychiatric care, administration of medication, employment and discharge of physicians, and other medical decisions as may be required. Assets and Income 20. To the extent known by Petitioner, Frances Stanberry's assets are valued at $0; her monthly income is $2,093.76, consisting of Social Security ($919.00) and pension ($1174.76). 21. To the best of Petitioner's knowledge, information and belief, the alleged incapacitated person is not a beneficiary of any trust created for her behalf. WHEREFORE, pursuant to Section 5511 of the Probate, Estates, and Fiduciaries Code, Petitioner respectfully requests that this Honorable Court issue a Preliminary Decree in substantially the form accompanying this petition, directing that all parties in interest show cause why FRANCES STANBERRY should not be adjudged an incapacitated person and why FINESSE COBB should not be appointed a plenary guardian of her person and estate. Petitioner requests such other relief as the Court may deem necessary or appropriate. Dated: ~a~o~a/1 ~ ~f'lC El~'abeth B. Place, Esquire Identification No. 44682 John B. Zonarich Skarlatos &Zonarich Building 17 South Second Street, 6th Floor Harrisburg, Pennsylvania 17101 Telephone (717) 233 -1000 Facsimile: (717) 233 - 6740 Email: ebp(a,skarlatoszonarich.com Email: jbz(a~skarlatoszonarich.com VERIFICATION I, FINESSE COBB, verify and state that: I am Finesse Cobb, petitioner in the foregoing action. 2. The facts set forth in the foregoing pleading are true and correct to the best of my knowledge, information and belief. 3. I understand that false statement herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Dated: ,..~ / S~ , 7~-~' ~ l BY~ FINESSE COBB IN RE: FRANCES STANBERRY An Alleged Incapacitated Person On the Petition of FINESSE COBB CONSENT TO APPOINTMENT AS PERSONAL AND FINANCIAL GUARDIAN 1. The name of the proposed guardian is: FINESSE COBB. 2. The proposed guardian's principal address is: 2802 Oakwood Drive, Harrisburg, PA 17110. 3. The proposed guardian is retired and is the daughter of the alleged incapacitated person. 4. The proposed guardian speaks, reads, and writes the English language, and is a citizen of the United States. 5. The proposed guardian does not have an interest adverse to the alleged incapacitated person. 6. The proposed guardian is not a fiduciary, or an officer or employee of a corporate fiduciary of an estate in which the aileged incapacitated person has an interest; and is not the surety, or an office or employee of a corporate surety of such fiduciary. 7. The proposed guardian consents to act as guardian of the person and estate of the IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. alleged incapacitated person. Dated: 1 r ~ ~'' ~ ~ ~ o ~ ~ By: lM 2.^o.^~.R-~ FINESSE COBB Exhibit A