HomeMy WebLinkAbout08-02-12IN RE: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
BUFORD WAGAMAN, :ORPHANS' COURT DIVISION
An alleged incapacitated person
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
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 Buford Wagaman, age 68, who currently is a
patient at Holy Spirit Hospital but, prior thereto, he resided at Golden Living Center, 46
Erford Road, Camp Hill, Pennsylvania since November 16, 2011.
3.
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There are no known relatives of the alleged incapacitated person. ~~ ~;; za
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4. U N E.
The Petitioner is not related to Buford Wagaman ~; r ~ ~~
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5.
The Petitioner's interest is that of a welfare agency concerned with his welfare
and is familiar with his case.
6.
Mr. Wagaman, prior to admission to Holy Spirit Hospital, was competent
according to the Director of Nursing for Golden Living Camp Hill but had no advance
directive, power of attorney or family.
7.
On or about July 28, 2012, Mr. Wagaman was admitted to Holy Spririt Hospital
with abdominal pain and Pancreatitis.
8.
When admitted to Holy Spirit Hospital, he was alert but is now unresponsive and
in need of emergency surgery which, if not performed, may result in his death.
9.
No one is empowered to authorize surgery.
10.
Mr. Wagaman has been transferred to the intensive care unit at Holy Spirit
Hospital and, as of July 29, 2012, he will open his eyes, will answer yes or no but without
consistency..
11.
Mr. Wagaman has the following medical diagnoses:
a. COPD;
b. Sleep Apnea;
c. Parkinson diseases;
d. Schizophrenia;
e. Mild Mental Retardation;
f. Diabetes;
g. HTN, benign prostatic hypernophy;
h. Peripheral vascular disease; and
i. GERD
12.
Mr. Wagaman is receiving multiple IV infusions and is in need of endoscopic
retro grade cholangio pancreatography.
13.
Mr. Wagaman requires total care of all activities of daily living.
14.
Petitioner, at this time, is unaware of Mr. Wagaman's fmancial status.
15.
Petitioner requests that it be appointed Plenary Guardian of the Person and Estate
on both an emergency and permanent basis.
16.
The proposed Guardians have no interest which is adverse to the interest of
Buford Wagaman.
17.
Petitioner believes and, therefore, avers that Buford Wagaman does not already
have a Guardian.
18.
Petitioner asserts that Buford Wagaman is incapacitated as defined in Chapter 55
of the Probate Estates and Fiduciaries Code.
19.
Because of his impaired mental and physical condition, Buford Wagaman lacks
the capacity to provide for his own personal care and maintenance.
20.
Because of his impaired mental and physical condition, Buford Wagaman is
unable to manage his financial affairs, property and business and to make and
communicate responsible decisions relating thereto.
21.
A power of attorney would be a less restrictive alternative than Guardianship but
Buford Wagaman currently does not have anattorney-in-fact and he lacks the capacity, at
present, to appoint one.
22.
To Petitioner's knowledge, no previous application has been made for the order
herein requested or for a similar order.
23.
No other Court has ever assumed jurisdiction in any proceeding to determine the
incapacity of Buford Wagaman.
24.
The failure to appoint Petitioner as Emergency Plenary Guardian of the Person of
Buford.Wagaman will result in irreparable harm and possible death because his life is at
risk, he is in need of life saving surgery and no one is authorized to order that surgery be
performed.
25.
Medical Assistance regulafions 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.
26.
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 the Cumberland County Aging & Community Services,
in and for Cumberland County, Pennsylvania as emergency plenary guardian of the
person and estate of Buford Wagaman pending a fmal hearing on this Petition with such
emergency guardian having full power to authorize any and all medical procedures
necessary to protect Buford Wagaman's life and any other authority deemed appropriate
by the Court;
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 schedule a final hearing on or
within 23 days from the date of any Emergency Order; and
4. The Court appoint the Cumberland County Aging & Community Services,
in and for Cumberland County, Pennsylvania as Permanent Plenary Guardians of the
Person and Estate of Buford Wagaman; and
5. Grant payment of a Guardian fee to Petitioner subject to a maximum of
10% of Buford Wagaman `s gross monthly income.
Respectfully Submitted,
C
;,
Anthony L. eLuca; Esquire
113 Front Street
P.O. Box 358
Boiling Springs, Pennsylvania 17007
(717) 258-6844
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 Buford Wagaman 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.
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Dated: ~ ~ ~ ~ C ~ ~, ~
~~~~""" Diane Gourley