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HomeMy WebLinkAbout07-11-12IN RE: IN THE COURT OF COMMON PLEAS OF BARBARA A. LONG, OF CUMBERLAND COUNTY, PENNSYLVANIA An alleged incapacitated person ORPHANS' COURT DIVISION NO. PETITION FOR THE APPOINTMENT OF PERMANENT PLENARY 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 the 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 Barbara A. Long, age 70, who currently resides at Golden Living Center Camp Hill, 46 Erford Road, Camp Hill, Cumberland County, Pennsylvania. 3. The known relatives of the alleged incapacitated person are: a. Rose Mikolajczak -daughter n ,.-._, 134 Cambridge Drive cr? '1 ::. Mechanicsburg, PA 17055 rr ,-` r-i - ~- ~ i ~ c t -; ~~ c G- ~ -Y .,,,,, (.~. b. Robert Long -Son ~ r - --~„ Hampton Inn -Room 159 -~=~ ~ ' ' --- -~~ 3721 Market Street '~-7 ~l f ~~ r-'.~ rx'j Camp Hill, PA 17011 c-`' ~`~' 4. The Petitioner is not related to Barbara A. Long. 5. The Petitioner's interest is that of a welfare agency concerned with her welfare and is familiar with her case. 6. Barbara A. Long, has, for at least three (3) months, been incapable of managing and caring for herself and her financial affairs. 7. Barbara A. Long exhibits symptoms of mental incapacity, including but not limited to schizophrenia. 8. Barbara A. Longs mental incapacity prevents her from managing and caring for the affairs of her person and estate. 9. On or about May 8, 2012, Petitioner received a report of need concerning Ms. Long for self neglect. 10. She had been evicted from her apartment on or about May 7, 2012 which was located at Oxford Manor in Mechanicsburg where she was living with her son. 11. Her eviction was caused by the failure to pay rent for two (2) months and having her son living there as an unauthorized resident. 12. According to the apartment manager at Oxford Manor, Ms. Long had living there for two (2) years without her son being in the apartment, and, during that time, the apartment was clean and Ms. Long managed. 13 After her son moved in the conditions in the apartment deteriorated and her mental state and physical condition declined. 14. On the day that Ms. Long and her son were going to be psysically evicted from the apartment, they went to the Hampton Inn and had to leave that motel because she had no funds to pay for the room and she wound up at the emergency room at Holy Spirit Hospital because she had no place to go. 15. Petitioner's authorized representatives visited Ms. Long at Holy Spirit Hospital and, during that visit, she displayed very poor insight to the seriousness of her situation and refused any suggestions made by the hospital social worker and by Petitioner's authorized representatives. 16. Subsequent to May 9, 2012, Ms. Long was discharged from the hospital and was admitted into Golden Living Center Camp Hill on a temporary basis. 17. Barbara A. Long is no longer appropriate to remain in a nursing home and now needs to be moved to a personal care facility. 18. Barbara A. Long has admitted that her son, Robert Long, is on drugs. and a Lower Allen Township police report of April 19, 2012 indicates that her son admitted to stealing a neighbor's bike. 19. Barbara A. Long has functioned well in a structured environment such as a nursing home but there is concern for her safety if she attempted to live independently, which concerns are as follows: a. Medication management; b. Cooking; c. Her ability to keep up with her therapy; and d. Managing her laundry, grocery shopping, and errands. 20. Petitioner believes and, therefore, avers that Barbara A. Long has had financial difficulties that allegedly were caused by her son. 21. On May 30, 2012, Christopher Royer, Psy.D, evaluated Barbara A. Long and the following findings were made: a. She exhibited a vertual lack of critical thinking skills; b. Her reasoning was predominantly a-logical; c. She exhibited little to no insight regarding the circumstances involved in getting her into the hospital and rehab, or any potential future risks to her person. A copy of Dr. Royer's evaluation is attached hereto, marked as Exhibit "A", and incorporated herein by reference. 22. The Petitioner believes and, therefore, avers that Barbara A. Longs income is $1,287.80 a month, consisting of social security. 23. Petitioner requests that it be appointed Permanent Plenary Guardian of the Person and Estate of Barbara A. Long. 24. The proposed Guardian has no interest which is adverse to the interest of Barbara A. Long. 25. Petitioner believes and, therefore, avers that Barbara A. Long does not already have a Guardian. 26. Petitioner asserts that Barbara A. Long is incapacitated as defended in Chapter 55 of the Probate Estates and Fiduciaries Code. 27. Because of her impaired mental and physical condition, Barbara A. Long lacks the capacity to provide for her own personal care and maintenance. 28. Because of her mental and physical condition, Barbara A. Long is unable to manage her financial affairs, property and business and is unable to make and communicate decisions relating thereon. 29. Barbara A. Long does not have an existing power of attorney which would be a less restrictive alternative than Guardianship. 30. The failure to appoint Petitioner as Permanent Plenary Guardian of her Person and Estate will result in irreparable harm to the person and estate of Barbara A. Long. 31. To Petitioner's knowledge, no previous application has been made for the order herein requested or for a similar order. 32. No other Court has ever assumed jurisdiction in any proceeding to determine the incapacity of Barbara Long. 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 WHEREFORE, the Petitioner respectfully requests that: 1 . The Court appoint Cumberland County Aging & Community Services as Permanent Plenary Guardian of the Person and Estate of Barbara A. Long; and 2. The Court authorize Cumberland County Aging & Community Services to charge a guardianship fee as allowed by medical assistance regulations. Respectfully Submitted, ~' _ _r' .-t. ~ ,-% ...-r.,,. f.~ ri~ Anthony L. De a a, Esquire ~ ~`~ 113 Front Street P.O. Box 358 Boiling Springs, Pennsylvania 17007 (717) 258-6844 #18067 VERIFICATION I hereby verify that the facts and information set forth in the foregoing Petition for the appointment of Permanent Plenary Guardian of the Person and Estate pursuant to 20 P.S. §5511 of Barbara A. Long 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: ~~ ~~-~,a ~ €.' ~ .~ Lul(',~~ t~ ~.. l i_~ ~~ r ~ ic.~ ~ i, '~~ '; Priscilla Whitman '12 15;23 FPOM-Cumberland Co Aging ~HRISTOPHBR ROYHR, P3Y.D. DONNA M. STE~UctC. PsY.D., LPC CO1~FICDEN`~TA~: For Professional Usc Oniy 717-240-6118 T-827 P0005/8887 F-540 CLINICAL NEUROPSYCHOLOC~Y CLINICAL F~SYCHOLOGY COUNSELENC3 The oonfidCntialiry of the information contaixtcd in this document is protected by the State Senate. Disclosure of this infozmation without the proper wzitte~n consent of the patient, the laatie7at' S authorizCd legal representati~re, or the patient's legal guardian is prohibited. PSYC~OT.OGi!CAL CONSULTATION Client: Barbara Long Ago: 70 Birth Date_ 2/2 t .42 Education: I 1 Employment: Retired Date of Evaluation: S/34/12 Referral= CCO.A. Procedure Code: BACKGROUND INFO~t1VZAT><ON ~era~ral IVis. Long is referred for an evaluation of her current psychological stntets, particularly as it pextalus to her ability to make decisions in her own best interest. She is a 70-year old female, who wms Seen for this evaluation in her room'at Golden 1;~ivizxg Rnhabilitatiott Coster. When entering the room, she was see.~t to be piling clothes and hangers on har wallcCr, staring that "she was "ready to leave" She states that's he had been homeless, and then she and her soz~ were in a motel. Sha states that she "got weak" because of hez~ artlu-itis and went into the hospital. She says that shC is getting rehab for her leg and she will be done with therapy at the end of this week. She re~oxts that she would like to bo back to the motel with hex son, wham sbe loves anal wants to be with. When asked about ..why she had become involved watkt the Ofrice of aging, she whispered "he was doing drugs, but he's clc~rt now." 1 asked her to tell me how she kz-ew he was clean and she stated "I think he is." Regarding financial arranaeznents wither son, she states that she pays the bills and he gets the grocezies. CCOA reports that she did ave him a lump sum (oven $600) to get an apartment, which he apparently did not do, The note from CCOA also. indicates that. her son ztlay have taken her money before which resulted i~x their eviction and need to move into the motel. The zxota indicates that when she was seen in the ER at fIoly Spirit Hospital, she could "barely walk." 3314 MAf2iC~T 5TRE~~c • Svj'r6 200 • CAMS Hlt~, F'.!-1. 1?011 Pt~Ori~ 717-7'61-61?1 • FAx 717'-7G'I--6173 500/Z00'd oEES~ EXHIBIT "A" ELl9 l9L-LlL OZ;II ZIOZ/lEfSo 06-19-'12 15;23 FROM-Cumberland Co Aging 717-240-6118 T-827 P0006/0807 F-54© Cognitive She states that she is able to remember "some tllazrgs" but not people's faeCS. She feels that she can zemenrzber how to "cook and dust." Psychialr~tc/psychological She states that she takes "Lyprexa. She reports that she Was psychiatrically hospitalized in March of 2012 "because I was weak." Shc latCr stated that she was in the hospiral because "I havC bad nerves and I was hiding fxorm my daughter." She rCports being hospitalized in the past and with marry other znedications_ She admits that she has had halaucinatior-s, but slze feels that the Z~yprexa helps to eoxrtxol them. Medical Slae Reports a history of DJrD. She walks with a walker. She states that she has had diplopiz~ There are no other records of uaedical hxs~tvry. She states that she is sic~eping okay. Hex appetita i~ described as okay. ,Substance C1se She acknowledges a remoto history of alcohol use, possibly to excess. She has quit sr~aoking. Social She is currently in asub-acute zchab facility. She had been ltox~aeless, then resided briefly with her son in a motel. He is apparently still thcrC and she states that she would like to go back there with hire. R1~SULTS Cre neral ~, Ong was plen~nt and cooperative with the evaluation. She was seen at badsidC and she reported no si~ificant sensory of motor abnoxxnalities other than her pain, She was orally alert and aroused throughout the evaluation. Expressive speech vv2s fluent but wavering between pcxsav'erative and tangential. Thought processes were frankly difficult to follow and associations followed suit. She acknowledged that she has had hallucinations, but she foals that the Zyprexa is helping those. She rr-adC comments suggestive of delusional tl~ougbt contc~at regarding the intentions of hex dau~,htCr. Tger judgment appEared,to be corttpromised. Cognitive .Evaduatron She was fully oriented. She was able to state the day of week, day of month, month and year without difficulty,' She was oriented to-eurrent time pf day. She was oriented to lpcati.orr artd facility name. She was oriented to renoote personal information and current president. Uri a test of recent xecall, her ability to learn and recall a fist of four words over a brief delay was fair Si~anple auditory attentiozt poor during the i3ltCrview and for brief tasks. She appeared to be responding stzongly to internal tbou~t processes. ShC made no errors on a test of mental arithmetic after one self-corxectiozi. expressive speech was fluent az~d waa~dCring at times. Reaso~g by analogy was within normal lixxtits. Reasoning in the face o~ sta.wdardixed vignettes was variable. Overall her fund of information was considered to be adequate for hex age, education and background. 3314 MAiiK6'i' $TRB~T • $UCre '200 • Co~P H-~~ PA 17011 pHONe 717-761-6Y'!1 ~ ~Ax 777-767-6'[73 500/EOO~d OEE~tt d ELLS l9L-LlL tZ:tl ZIOZ/l"c/~0 a~_~o r~~ ~~-~2 r~nr~s,.,.,~t~er1~~ c~___b~~~ 712d2dA-~1'IQ '__ T-R77 PflfAfAfl~lfAGi7 F-~aG1 06-19-'12 15:23 FliOM-Cumberland Co Aging 717-240-6118 T-827 P0007/0007 F-540 A,~ect/Mood Affect was heigUtaned and ttlnse. She responded well to structuxe, but whesn given ICSS structure, she tended to xamble and persevcrate. She reported her mood as okay cun:~x~tly, and expressed a strong desire to go home. She was asked about the issues with hez son. W~laen confzonted with the issue of the money taken that vvas supposed to be used for an apazt~netrt, she stated "~( don't think that will happen, again." I asked hear to tell me what would happen if he started usi~ag chugs again and she stated "That all depends on what he's using" When I asked about fin2~taces arad hi~xa buying the gt'occries, she did not appear to utadexstatad that i~'he spC~nt money on other things that there would be no money for food_ Awareness of Def ci[ She exhibited a viztUal leak of critical thinking skills, and her reasoning was pxedonniarat~tly a-logical. She exhibited little to no insight regarding the circumstances izavolved xn gettung hCr into the hospital and rehab, or any potential future risks to her person. Y11!II?IL~SS~ONS Ms. Yong znaets aritexxa fox Schizopku'esnia, uzaspecified_ Her current situation in the rehab likely represents a best case sceo for hex pk~.ysical grad mCntal health functioning. Despite her being in, this anvArol¢kzaent, she is u~tiablc to consider any risks to hCr person. Sloe is considered to be at risk for mauipulatxola froxxa axtalicious thud parties, aid at risk for rapid decompensatxon in [he community. She is z~ot eo~xdez~ad to bC able to make decisions in her own best interest as defined by PA State statute. She requirCS a gLtardian for her affairs and shC Should be referred to an assistod living environment. Thank you fo refex~al. Christop er , Clinical NeuropsyGhologist Licensed Psychologist 3314 Mnwce'r ST~eET • SUITE 200 • CAMP Htw.. pA 17'Oil Pl-IONE 7'I7-761-6YT1 • FAX 7'i~-761-6"l~'3 Soo/ti00'd OEES# d E[. I.9 ~9L~L~L ~Z ll ZIOZ/lE/50