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HomeMy WebLinkAbout04-25-12IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ~ _~' ORPHANS' COURT DIVISION ~'~ ~ - ~~ r, ~ r o 1_ L J _r O.C. NO. ~ ~: ~ ~. f~ti ~^ ESTATE OF GERDA G. DREWS, r ` -~ _. AN ALLEGED INCAPACITATED PERSON i ;y = `:.' ,=; c.t; ~~ C ,~ --~ PETITION UNDER §5511 OF THE PROBATE, ESTATES AND FIDUCIARIES CODE TO ADJUDGE GERDA G. DREWS TO BE TOTALLY INCAPACITATED AND APPOINT A GUARDIAN FOR HER ESTATE AND HER PERSON TO THE HONORABLE JUDGES OF SAID COURT: Golden Living Center -Camp Hill ("Petitioner") respectfully represents that: 1. Petitioner is a skilled nursing facility wherein resides Gerda G. Drews ("Ms. Drews"), an alleged incapacitated person. 2. Ms. Drews was born on June 20, 1920 and is currently 91 years of age. 3. Ms. Drews resides in a private nursing facility in Cumberland County, whose address is: Golden Living Center -Camp Hill 46 Erford Road Camp Hill, PA 17011 4. Because Ms. Drews resides in Cumberland County, this ~~ourt has jurisdiction pursuant to § 711 (10) of the Probate, Estates and Fiduciary Code and § 5512(a). 5. Petitioner is unaware of any living relatives of Ms. Drews. 6. Ms. Drews' daughter, Ilona Atwood, was appointed by 1\Zs. Drews to act as Ms. Drews' agent under power of attorney; however, Ilona Atwood is now deceased. 7. Ms. Drews appointed an alternate agent under power of attorney, Rob A. Krug, Esquire; however, Mr. Krug informed Petitioner he does not wish to act in such a capacity. 8. To the extent of Petitioner's knowledge, Ms. Drews owns no assets of significant value. 9. Ms. Drews receives a monthly income stream consisting of Social Security in the amount of $1,331.00 and a fixed pension in the amount of $351.59. 10. To Petitioner's knowledge, Ms. Drews was not a member of the Armed Services of the United States and therefore is not receiving any benefits from the United States Veterans' Administration. 11. Ms. Drews receives Medical Assistance benefits to help pay for the cost of her skilled nursing care at Petitioner's facility. 12. To Petitioner's knowledge, Ms. Drews has not appointed any other agents to act on her behalf under power of attorney, nor has a guardian been appointed for her. 13. Ms. Drews' treating physician is: Dr. James Harty PO Box 158 Hummelstown, PA Phone: 717-329-9052 14. Dr. Harty diagnosed Ms. Drews as suffering from dementia, a condition which causes incapacity and requires that she receive 24-hour-a-day care. 15. Because of the lack of a representative willing to act on Ms. Drews' behalf, and due to the onset of Ms. Drews' dementia, there may be no less restrictive alternatives to the appointment of a Guardian of the estate and person of Gerda Drews. 16. Because of Ms. Drews' dementia, she is totally unable to manage or even appreciate the significance of her financial affairs, property and business and to make and communicate any decisions relating thereto, including the ability to communicate her need for assistance in these areas. 17. Because of Ms. Drews' dementia, she lacks the capacity to make or communicate any responsible decisions concerning her person and is unable to attend to her personal hygiene or to keep herself properly nourished and hydrated or communicate to others her need for assistance in these areas. 18. Because of the severity of Ms. Drews' dementia, the assistance of other persons or services would not enable Ms. Drews to participate in the making of any decisions concerning her estate or person. 19. The severity of Ms. Drews' dementia requires that a plenary guardian be appointed to manage her estate. Said guardian should be appointed to manage and handle all aspects of her estate, specifically including, but not limited to: all issues relating to her cash, checks in any bank or savings account held in her name, her stocks and bonds, her personal property, her real estate, her life and other insurance of which she is a beneficiary, her entitlement to any government or non-government benefit plans, federal, state, local taxes, trust accounts of which she is the beneficiary, claims made or to be made on her behalf or against her, the execution of documents, the entry into contracts affecting her and the payment of reasonable compensation or costs to provide services for her. 20. The severity of Ms. Drews' dementia mandates that a plenary guardian of her person be appointed to handle all issues relating to the person of Ms. Drews, specifically including but not limited to: her living arrangements, her medical and psychiatric care, the administration of medication to her and the employment and discharge of physicians, psychiatrists, dentists, nurses, therapists, and other professionals for her physical and mental treatment and care. 21. The proposed guardian of the person and estate of Ms. Drews is: Neighborhood Services of Lancaster 134 South Prince Street Lancaster, PA 17603-5312 (717) 392-2175 22. The proposed guardian, Neighborhood Services of Lancaster, does not have any adverse interests to the person or estate of Ms. Drews, and an acceptance to serve as guardian of the person and estate is attached hereto as Exhibit A. 23. Neighborhood Services of Lancaster has been suggested as guardian of the person and estate of Ms. Drews because they have extensive experience in handling such matters. 24. To Petitioner's knowledge, no other Court has ever assumed jurisdiction in any proceeding to determine the capacity of Ms. Drews. 25. Due to the limited resources of Ms. Drews, Petitioner requests the fees of court- appointed counsel for Ms. Drews be paid by Cumberland County. WHEREFORE, Petitioner prays that a Citation be issued directed to Gerda G. Drews to show cause why she should not be judged a totally incapacitated person and Neighborhood Services of Lancaster be appointed permanent plenary guardian of her person and her estate, with notice by personal service to Gerda G. Drews. Date: ~' %~ Respectfully Submitted, .. By: en' in J. Glatfel r, quire ey LD. No.~~203935 John N. Kennedy, Esquire Attorney I.D. No.: 68278 KENNEDY PC LAW OFFICES P.O. BOX 5100 Harrisburg, PA 17110-0100 (717)233-7100 Attorneys for Golden Living Center -Camp Hill 7179016518 1st floor 09:28:18a.m. 18-04-2012 818 Froa:Kennedy, P.C. 717 233 7050 04!0912012 13:22 I109 P.007/007 Drewe, GeMa VERIFICATION The undersigned hereby verifies the statements of fact in the foregoing docunnent are true and contct to the best of his or her lanowledge, information and belief. He or she understands any false statements therein are subject to the penalties contained in 18 Pa. C. S. § 4904, relating to unswom falsification to authorities. Dated: ~~ mil?. r Signature Printed Name: Printed Job Title: Golden Living Center -Camp Hill ExHts~T A rfrews, G€rda CONSENT OF` PROPUSLD GUARDIAN Neighborhood Services of Lancaster does hereisy certi i`y they are willing to act as permanent plenary guardian of the person anti estate of Gerda G, Brews, an alleged incapacitated person, if the Court shall so appoznt, further, Neighborhood Services of Eancaster hereby certifies they are not a f iciuciary +~f any estate in whic~r Gercia +Cr. i~rews has. au interest. nc~r da they have any other interest currently adverse Crerda dir. brews' person or estate. ~7ated; L(- ~ 0- 12 ~-- Sgnature Print: ~i~~C~,~~ ~'~b1~. Title: ~?c~Cli~U~ 1~Y~rb~ Neiahborhaod Services o~ T~ancaster