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HomeMy WebLinkAbout07-11-12IN RE: IN THE COURT OF COMMON PLEAS OF GAYLE K. DOUGLAS, OF CUMBERLAND COUNTY, PENNSYLVANIA An alleged incapacitated person ORPHANS' COURT DIVISION - ~~ - ~; 7~~ z. PETITION FOR THE APPOINTMENT OF PERMANENT PLENARY GUARDIAN OF THE PERSON AND ESTATE_ PURSUANT TO 20 P.S. X5511 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 Gayle K. Douglas, age 94, who currently resides at Claremont Nursing and Rehabilitation Center, 1000 Claremont Drive, Carlisle, Cumberland County, Pennsylvania since August 10, 2009. 3. The only known relative of the alleged incapacitated person is: a. Douglas Gelbaugh -grandson n YY' 118 Second Street . =~ ~ "`' ~~ ~'~ ~~ ~' P.O. Box 441 . 1 f ~~-; ~- - '...... r-- .....,f ? ~; Boiling Springs, PA 17007 ~ - ~" ~ ~ -- ,: ' ` -;. ~.. y ~~ n.~ The Petitioner is not related to Gayle K. Douglas. `~3 ~ 5. The Petitioner's interest is that of a welfare agency concerned with her welfare and is familiar with her case. 6. Gayle K. Douglas, has, for at least three (3) months, been incapable of managing and caring for herself and her financial affairs. 7. Gayle K. Douglas exhibits symptoms of severe cognitive deficits consistent with severe demential. 8. Gayle K. Douglas's mental incapacity prevents her from managing and caring for the affairs of her person and estate. 9. Petitioner has been aware of Gayle K. Douglas since receiving a report of need for self-neglect on or about June 5, 2009 which report resulted in home services being provided to her. 10. Said home services here not always allowed by Ms. Douglas or she would forget that the home services were coming on a particular day. 11. Over a period of time, the following observations were noted concerning Gayle K. Douglas: a. She displayed memory problems of forgetfulness; b. She was very repetitive by repeating the same story over and over; c. She did not know the date, day, time nor could she remember the name of the case worker; d. She would forget the name of her dog; e. She had difficulty recalling the names of her grandson or daughter; f. She believed that she had payed her rent but actually did not since her grandson owned the home; g. She was unable to manage her finances and had appointed her daughter as her power of attorney but did not remember it; and h. Her personal appearance was fair but she was not always dressed appropriately. 12. Petitioner's authorized representative also observed that she would have food in her freezer and did not know how to prepare it; andwould forget that she had something cooking of the stove causing the food and pans to be burned. 13. Gayle K. Douglas also had a medical issue with her leg that was not treated in a timely manner. 14. The daughter of Gayle K. Douglas, Alice Ann Foust, died in October, 2011 and her grandson, Douglas Gelbaugh, has had limited contact with her. 15. On or about January 27, 2012, Gayle K. Douglas was evaluated by Lisa Eaton, Psy.D. which evaluation resulted in a diagnosis of severe cognitive deficit consistant with severe dementia. A copy of the report of Lisa Eaton, Psy. D. dated January 27, 2012, is attached hereto, marked as Exhibit "A", and incorporated herein by reference. 16. The said Lisa Eaton, Psy.D. saw Ms. Douglas again on June 29, 2012 and her diagnonsis was consistant with that of January 27, 2012. A copy of the report of Lisa Eaton, Psy.D. dated June 29, 2012 is attached hereto, marked as Exhibit "B", and incorporated herein by reference. 17. The Petitioner believes and, therefore, avers that Gayle K. Douglas's income is $981.00 a month from social security. 18. Gayle K. Douglas is on medical assistance and there is no known arrangements for her burial. 19. The nursing home has concerns that, in the event Gayle K. Douglas requires medical treatment at a hospital or that an end of life decision has to be made, there is a need to have a responsible party to made such decisions. 20. Gayle K. Douglas recently had an unresponsive episode requiring her to be sent to the hospital but staff at the nursing home was unable to contact her grandson. 21. Petitioner requests that it be appointed Permanent Plenary Guardian of the Person and Estate of Gayle K. Douglas. 22. The proposed Guardian has no interest which is adverse to the interest of Gayle K. Douglas. 23. Petitioner believes and, therefore, avers that Gayle K. Douglas does not already have a Guardian. 24. Petitioner asserts that Gayle K. Douglas is incapacitated as defended in Chapter 55 of the Probate Estates and Fiduciaries Code. 25. Because of her impaired mental and physical condition, Gayle K. Douglas lacks the capacity to provide for her own personal care and maintenance. 26. Because of her mental and physical condition, Gayle K. Douglas is unable to manage her financial affairs, property and business and is unable to make and communicate decisions relating thereon. 27. The power of attorney given to her daughter terminated upon the daughter's death and Gayle K. Douglas does not have the capacity to execute a new power of attorney which would be a less restrictive alternative than Guardianship. 28. 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 Gayle K. Douglas. 29. To Petitioner's knowledge, no previous application has been made for the order herein requested or for a similar order. 30. No other Court has ever assumed jurisdiction in any proceeding to determine the incapacity of Gayle K. Douglas. 31. 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. 32. 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 $100.00 per month, whichever is less. WHEREFORE, the Petitioner respectfully requests that: The Court appoint Cumberland County Aging & Community Services as Permanent Plenary Guardian of the Person and Estate of Gayle K. Douglas; and 2. The Court authorize Cumberland County Aging & Community Services to charge a guardianship fee as allowed by medical assistance regulations. Respectfully Submitted, ~.r a.-~, ,.. ~ C '" Anthony L. 1~ uca, Esquire 113 Front Street P.O. Box 358 Boiling Springs, Pennsylvania 17007 (717) 258-6844 #18067 VERIFICATION I hereby verify that the facts and information set forth in the foregoing Petition for the appointment of Permanent Plenary Guardian of the Person and Estate pursuant to 20 P.S. §5511 of Gayle K. Douglas are true and correct to the best of my knowledge, information, and belief. I understand that any false statements contained herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: ~ ~ .~.. I ~~L /f _ ~.. .~ ~ ~~. ~.~.~ ~~,~~ ,~~~~ --~ ~ Priscilla Whitman 07-11-'12 10;35 FFOM-Cumberland Co Aging 717-240-6118 T-948 P8©0210006 F-812 t_ast Marne REPORT pic CONS!lLTA'B'9®I11 ~~~ • ~~~ i`Fr$t ~~7, /~ Middla Room No. R From: Attentling Physician ecor/c~'No. `fo: Conswtin9 physician ~Z "1 ~` ~. 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