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HomeMy WebLinkAbout02-09-12IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA WOOLFSON, :ORPHANS' COURT DIVISION An alleged incapacitated person r, : NO. ~.' 1 A... ~ . ~ -- f ) PETITION FOR THE APPOINTMENT OF EMERGENCY PLENARY GUARDIAN OF THE PERSON AND ESTATE IN ACCORDANCE WITH 20 P.S. §5513 AND FOR PERMANENT PLEN__ARY GUARDIAN OF THE PERSON AND ESTATE PURSUANT TO 20 P.S. §5511 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: 1. The Petitioner is Cumberland County Aging & Community Services, in and for Cumberland County, Pennsylvania, with its office located at 1100 Claremont Road, Carlisle, Cumberland County, Pennsylvania. 2. The alleged incapacitated person is Patricia Woolfson, age 64, who currently resides at 208 Senate Avenue -Apt. 215, Camp Hill, Cumberland County, Pennsylvania and has resided there for a period exceeding 1 year prior to the filing of this Petition. 3. There are no known relatives of the alleged incapacitated person. -. . : . ~ The Petitioner is not related to Patricia Woolfson. _ , ~:; ~~ ;~ `~ ~; --':7 ~- ~ _i .. _ `~ `,7 ~~ ~ `y. ;r 5. The Petitioner's interest is that of a welfare agency concerned with her welfare and is familiar with her case. 6. Patricia Woolfson has, for at least three (3) months, been incapable of managing and caring for herself and her financial affairs. 7. Patricia Woolfson exhibits symptoms of mental incapacity, including but not limited to disorientation and likely delirious from multiple medical issues. 8. Patricia Woolfson's mental incapacity prevents her from managing and caring for the affairs of her person and estate. 9. On or about February 6, 2012, the Petitioner received a report for need of Protective Services for Patricia Woolfson. 10. Patricia Woolfson, the alleged incapacitated person, was found in her apartment on her bathroom floor that was filled with water. It is believed that she fell out of her wheelchair and somehow turned on the cold water faucet which overflowed onto the floor. 12. When found by EMTS, she was hypothermic and, thereafter, taken by ambulance to Holy Spirit Hospital. 13. On February 7, 2012, an attempt was made to see Patricia Woolfson at Holy Spirit Hospital but she was unavailable due to tests being conducted. 14. On or about February 8, 2012 the Protective Service Worker assigned to this matter spoke to Richard Bernstein, M.D. at Holy Spirit Hospital and was advised that Patricia Woolfson was being cared for by him and that she was in critical condition from a severe infection. 15. Dr. Bernstein further advised that unless she received immediate treatment her condition would worsen and she might possibly die. A copy of Dr. Bernstein's report is attached hereto, marked as Exhibit "A" and incorporated herein by reference. 16. A review of the medical notes of S. Leidig, M.D. at Holy Spirit Hospital dated February 8, 2012 states that Patricia Woolfson has gangrene of the groin area and sepsis. A copy of Dr. Leidig's medical notes are attached hereto, marked as Exhibit "B" and incorporated herein by reference. 17. Medical assistance has been offered to Patricia Woolfson but each time it has been refused. 18. Further investigation by Petitioner's Protective Service Worker has determined that a caregiver who had been at her apartment on February 1, 2012 was concerned about Ms. Woolfson's legs due to seeping and swelling. 19. Patricia Woolfson has a history of refusing services and assistance as well as non compliance with medications. 20. Patricia Woolfson's mental incapacity prevents her from managing and caring for the affairs of her person and estate. 21. Petitioner believes and, therefore, avers that Patricia Woolfson's income consists of approximately $1,005.00 per month. 22. Petitioner believes and, therefore, avers that unless immediate emergency action is undertaken to treat Patricia Woolfson as requested by Richard Bernstein, M.D. she is at imminent risk of death. 23. Petitioner requests that it be appointed Plenary Guardian of the Person and Estate on both an emergency and permanent basis. 24. The proposed Guardians have no interest which is adverse to the interest of Patricia Woolfson. 25. Petitioner believes, and, therefore avers that Patricia Woolfson does not already have a Guardian. 26. Petitioner asserts that Patricia Woolfson is incapacitated as defined in Chapter 55 of the Probate Estates and Fiduciaries Code. 27. Because of her impaired mental and physical condition, Patricia Woolfson lacks the capacity to provide for her own personal care and maintenance. 28. Because of her impaired mental and physical condition, Patricia Woolfson is unable to manage her financial affairs, property and business and to make and communicate responsible decisions relating thereto. 29. A power of attorney would be a less restrictive alternative than Guardianship but Patricia Woolfson currently does not have an attorney-in-fact and she lacks the capacity, at present, to appoint one. 30. To Petitioner's knowledge, no previous application has been made for the order herein requested or for a similar order. 31. No other Court has ever assumed jurisdiction in any proceeding to determine the incapacity of Patricia Woolfson . 32. The failure to appoint Petitioner as Emergency Plenary Guardian of the Person and Estate of Patricia Woolfson and later as Permanent Plenary Guardian of her Person and Estate will result in irreparable harm to the person and estate of Patricia Woolfson. 33. To eliminate the imminent risk of harm to Patricia Woolfson, Petitioner, if appointed as the proposed emergency and permanent plenary guardian of her person and estate will seek to immediately have her undergo appropriate medical treatment and thereafter placement in a nursing home facility because that is the least restrictive alternative available for her. 34. 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. 35. 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. WHEREFORE, the Petitioner respectfully requests that: The Court appoint Cumberland County Aging & Community Services, in and for Cumberland County, Pennsylvania, as emergency plenary guardian of the person and estate of Patricia Woolfson pending a final hearing on this Petition with such emergency guardian having full power to authorize that Patricia Woolfson undergo appropriate medical treatment, including but not limited to surgery, and thereafter placing her 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; 4. The Court appoint Cumberland County Aging & Community Services, in and for Cumberland County, Pennsylvania as Permanent Plenary Guardian of the Person and Estate of Patricia Woolfson; and 6. Grant payment of a Guardian fee to Petitioner subject to a maximum of 10% of Patricia Woolfson's gross monthly income. Respectfully Submitted, Anthony L. uca, Esquire I 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 in accordance with 20 P.S. §5513 and for Permanent Plenary Guardian of the Person and Estate pursuant to 20 P.S. §5511 of Patricia Woolfson 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:r~~,~a''ti,~Cyt.~r_ ~~ v~i.%~'r~ ~ T.%k i.~ at~_~:.J,~`~c.~YYt::i "r', Priscilla Whitman OO HOLY PIRIT HOSPITAL The Spirit of Caring ~U~hG,~ ~ad(.~svn C Oor~ Jo/aoly~) ~ G~ ~ l!u vv~ g aG~ , ~ J~ i S r h C` ~. ~ Ga /' ii , ~ '~ V~~ ~ ~ ~~ v~, ~ S ~Ir l~r~ ~, Sys v~C,e~ b ~~ j,,eb ~ U-r M~ ~.~~ ~ e5S ~{ 9 I.L~t~, rS~~ w , / ~ ~ ~ sr~ ~ ~ ~~ ~o ~~ ~~~ ~ ~ f~ ~ u;, v~, c~ ~, ~ ~ ~ ,,,., G ,~ d ~ c r ors ~ .~ ~ ~ . ~ ~,~~ Y C,N ~~~GG~ I ~ ~ ~ ~ ~ ~G )d~ 5 ~f ,5vvy,ev~ , ~o ~~~ . ~;G~r~Ld C, R~v~s~l~ l~,f,~ EXHIBIT "A" A Service of Holy Spirit Health System 503 North 21st Street • Camp 1-iill, PA 17011-2288 !'17'11 '7~~ .71 M ,.. ,~ I ~u%d ~.., u~ ,~ ld ~ u~~~ -?f~ _-r -_ .~,_. ,~ , .•~,• soleations: Reviewed [jNKDA ^ Atlerges: e T.. Pry . ~ ~ ~ ~ ~ ~,. ~ Psychiatric ^ ssbn [] Anxiety ^ ~'snic ^ $ipotar ^ P r sYchosis ^ ~"~ Attempt ^ inpatient ^ Ou>palitnf: 8 History: ^ Other: ^ Dementia Farnity Ps icai Histor~r ^ Non-(,ontributpry ~ ~ .'Pest Medical ^ HT'N ^ DM ~ CADI^ CHF ^ Hypotttyroid ^ Obesity ^ Seizures !}kview oI (~ Ne~.v- sy>stenu: FfEENT Rasp CZ ^~~~\ -~COr~tfikMionN ~" Skin ~ f1 Hartie/Lympf~ -_.._ ANAmmuno _ D Ap Others Nepati~re Social f~istory: (~ve5 Alone ^ Mamed ^ Dltrorced ^ Children ^ Dther: $unstantx lase: ^ Denies ^ AlcoFwl Abuse ^ Illicit Drug use ^ Nicotine ^ Dents: / _~J/f ~jJ j~(j-C~t ~-ltal Signs: T 7 ~~ ° ~~~ Mental St ; us Ex ion D ~~~f ~ m M e !~^-R2 In painknmea knpair/Recant -Term ~!!"!~; D hevMed O Poor EYe tlt D Good a~r C7 * D Poar O Wprmel O Pressured D ADnorrnsl w/ Comern Yo1er bdwbr. O Cahn ORestkss ~~ GYCathe c r9' O Ps yehomalor Retrrdnion _ D D Blunted D l.erbMe ORestrUed iiloyd; O Euthymic D Mars D Depressed D Mgry D Nr+table ! Euphoric D ~ ._.. SM P>'ocesq: [~C~lierertt o x FN , t~(d6~is ~ I~/l/~(~ ~OQ D Tsrgentie~ ll+ownt c~e..t• O t+orrna~ O Delu p D slorrs ^ Ob ~ sess/Compuls O Phobru ~ ~: e.ries D D usual O Tactile D Otlaetory ~ J'_ ., GYt'~kYpresem D ldeatbn O Plan O k~lent 11ontci Not Present jt?' r D`verw O Physical Aggress ~ hdaa D Ideation D P1en O t D t~ 4V~ ntc: D Intact tedical Decision Makin fl' tam tst/OX Cod HOSE CPT Ct C C or ER CPT ^ C1 .C2 C3 ~rl /Yh l.t ~ ' D .wrn i a. -~ J ~ ~ n0 _ t i nl - _ _ - d~ GVGU~Endoa ~ :. "~sychia!tr~c G ~n~,~ult oa NDfy sprit Hosjpnei.~^v~~i-.~.' 8Ct-evbrsl Health CenteC /~ ~ ~~ SD3 N. 21st Sintaet 7J _HNI, PA _.1701.7-~28$,S_,_~ I3~havioral He>itthHe>itth 5etvices BFIC Form ~ 1~PCF Revised 01!14/1 Axis fll: tees Medical H8P ~ ,( ~~~ Axls V:GAF: !~A ~ ~ 1~ d ~-~ ~( _ ~ ~ .. _. . ~~ , Q WOOLFSON ,PATRICIA E v64 F J ~~ O '~ PUL 10/20/1947 ~__~~ ~_ - BERNSTEIN RICHARD Q01984 701984 02/06/12 41684978 HLD1 EXHIBIT "B"