HomeMy WebLinkAbout10-26-12('~
~` ~...... W, _ ~.~J
David R. Galloway
,:~.....
Attorney LD. 87326 ~~'~LL`' ~ ~~„'~ ~~ ~~~~ ~' ~ ~ Counsel for Petitioners
54 E. Main St.
Mechanicsburg, PA 17055 _ _
Telephone: 717-697-4650 ~riE ~-tf ` ~ ~~ ' ~ ~~-'~ ~~ ~
,~
IN THE COURT OF COMMON PL " , ~J LA D COUNTY, PENNSYLVANIA
ORPHAN'S COURT DIVISION
IN RE: ESTATE OF ALISON L. GRINDER :DOCKET NO: ,~ ~" I ~ ~ I
PETITION FOR ADJUDICATION OF INCAPACITY AND THE APPOINTMENT OF
PLENARY GUARDIANSHIP
AND NOW, comes Petitioners, Elisabeth L. Grinder McLean, Timothy W. Grinder and
Jonathan H. Grinder and petitions this Honorable Court to appoint them plenary guardians for
the following reasons:
1. Petitioner, Elisabeth L. Grinder McLean, is an adult individual with a principal
address of 10 Palomino Parkway, Dillsburg, York County, Pennsylvania. Petitioner is the
daughter of Alison L. Grinder (hereinafter "Respondent").
2. Petitioner, Timothy W. Grinder, is Respondent's son and an adult individual with
a principal address of 65 Briarcliff Lane, Holliston, MA 01746.
3. Petitioner, Jonathan H. Grinder, is Respondent's son and an adult individual with
a principal address of 220 Railroad Ave., Loveland, OH 45140.
4. Respondent resides at Emeritus at Creekview, whose post office address is 1100
Grandon Way, Mechanicsburg, PA 17055; Emeritus at Creekview provides residential services
for Respondent.
5. Respondent was born on January 17, 1934, and is 78 years of age.
6. Respondent became a widow in August, 2012.
7. Petitioners are the only living next-of--kin.
8. To the extent known by Petitioners, Respondent's assets are valued at
approximately $619,700, comprised as follows: $8,000 at Kennebunk Savings; $138,000 at
Arizona Federal Credit Union; $35,000 at Wells Fargo Bank; $400,000 in a TIAA-Cref annuity
and an estimated $39,700 in five (5) motor vehicles still registered to deceased spouse.
~,~~
9. Petitioner estimates Respondent's annual income is approximately $82,430,
which includes current monthly Social Security benefits of $1,869 and a monthly annuity from
TIAA-CREF in the amount of approximately $5,000.
10. Respondent was not a member of the armed services of the United States and is
not receiving benefits from the United States Veterans' Administration.
11. Respondent suffers from severe dementia. Opinion letters from Doctors Robert
B. Santulli, M.D. and Gregory Johns, M.D. confirming same are attached as Exhibits "A" and
"B," respectively.
12. On or about May 11, 2007, while of sound mind, Respondent granted Petitioners
power of attorney for all health care related issues. A copy of said power of attorney is attached
as Exhibit "C."
13. On or about May 11, 2007, while of sound mind, Respondent executed a living
will.
14. Because of her dementia, Respondent is totally unable to manage her financial
affairs, property and business and to make and communicate responsible decisions relating
thereto, including the ability to communicate her need for assistance in these areas.
15. The severity of Respondent's mental and/or physical condition and the lack of
viable, less restrictive alternatives necessitate that plenary guardians be appointed to manage and
handle all aspects of Respondent's estate, specifically including, but not limited to: all issues
relating to her cash, checks, and any bank or savings accounts 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 governmental and non-governmental benefit plans, federal,
state, and local taxes, claims made or to be made on behalf of her or against her, the execution of
documents, entry into contracts affecting her and the payment of reasonable compensation or
costs to provide services for her.
16. Petitioners interest in plenary guardianship is not adverse to Respondent.
17. The consents of the proposed plenary guardians are attached as Exhibit "D".
18. No other court has ever assumed jurisdiction in any proceeding to determine
Respondent's capacity.
19. In August 2000, Respondent granted her power of attorney to her husband;
Respondent's husband died in August, 2012.
20. No other guardian has been appointed for Respondent's estate.
WHEREFORE, Petitioners respectfully request that this Honorable Court award a
citation directed to Alison L. Grinder, the alleged incapacitated person, and to such other persons
as this Court may direct, to show cause why she should not be adjudged a fully incapacitated
person, and Petitioners Elisabeth L. Grinder McLean, rl'inlothy W. Grinder and Jonathan H.
Grinder appointed plenary guardians of her estate.
Respectfully submitted,
~~~~.
By
David R. Galloway
Attorney I.D. 8732
~HYSIC..'~.N (~~"C~ti'~()?~ 2~~r~~t.~iN~~ ~'t~.~?':A.~;IT'Y'
"Phis c~pi11i01"i his been given at tlae .request o$ ~~(~bert C_3rllac~e_r, Alison Crrit~c.~er's ~~l:lsbanci at~d (:are-
g1 v'el'.
~~ , ~ ~ ~
s
1.1"~z~me off' I'llysicial~l ~ ~:...~..._ °~--___._ ` '~ ~ t ~ '~
f.. ;
?. f~x~a ot'l'racticc, ol• ~~e::iulty $: .~ ;, ~ ~ - ,, --------- -----
1
7. l lOW are yOLI $£~1331.h:il' ~Vlth A11S()n GrlilClt:r~s }7}1~'sleal al1Cl iTlf'Ilt.dl C:OtlClltl013~? .~...- . `°< bg. ~~~_
,.
b -6- ,
'`
.~ ~ ~ ~,
~. I)(~es A~isc~ta leave a.l~~- ~rhysis~~~l ('~l• l~~el~tai ~or~i$itic~r~ ~~hicl~l rvc~l:lld t.ellCl to il~ipair her abili~.y to
l~nake respollslhle decisions c(~z~c:e.i•z~.il~ig herself nl• hez• :fi.llal~Ces`?_ ~ `~;_,-_:---
S. Do yoli ~elie~~e that .Ailisnll
is able to male res~ansible decisi(~ns coi~ce.rl.~l~l~g her he~ilth (:>l1 t:t coi~islster~t basis`:'
°~ ..
'"4 'r..
is able t(3 ~li~'E', ~rOtnpt ~11~ in$c:lllgent (:Clllsicleratlf.111 t0 $11?~11C;1~1 111dtt.ers and to tr~insact
ordinary bus.il~ess in ~~ c:(jrgsistently i•atic.~l~lal and re:~pcjrisil~Ie i~iariner`? ~-
......
~ ~ ...,,
,~
5i~natclrc° of Pl~yskci~n .~
Y~[-1'YS~'IA`'~h ~)Pi~i()1h1 EC~~,IZDI i~dG CAP°~C'~TY
"I`his opinia~~ has been given at the request of• Robet•t ~~rinder, Aiisc3r~ Grinder's izusbanii ~--nc~ care-
giver.
1. Name of Ph}~sici~~n _...___- a "~'.-:,
.°° r
,.
2. Area of Pr~~ctice or Specially ~,~°'~ ~r° r~ - ~~-~~~'~ ~.. ~ ~ ~.~.,...
~. ~~~oL~~ sire yo~~ fa~niliat• with Alison. Ci~-indci•'s pllysica.l and. inenfal condition`s
;r
~~.~~.
~. Uocs Almon. hay-~e any pl~ysica.l or ment~~l cc>r~dition w°hich would tend to impair .her abilit}~ ti)
~..
make responsible dc~cisio~ls concerning herself or her Iinailces`?_ ..___....:~.__._.....__
fi .w#a""""..
f : ~~(.
:~. ~::)o you 1-relic~ve thafi Alli~;c~~n
is able to make responsible decisions concerning he~• health can a cc>rjsistent basis:'
is able to give l:~ron~pt and intellig~ant cv~~sider~~tit~~.~ to 1it~ancial n~atte~-s a~~d 1o trL~ns4ict
ordi.narv busincs~; i~~ a coi~sistez~tly ration~~l and responsible manner`'
j
~~ '~
~~
_ ~~ ~~
:~ ,,.
~~~ ~:~ .µ
Si~;3~ature of l~hy~;ic~"~n
~~
~;
HEAI.'I'H CARE POWER OF AT'I'ORNE~'
TO WHOM IT MAY CONCERN:
I, ALISON L. GRINDER, of Maricopa County, Arizona, appoint ROBERT E. GRINDER
as my Attorney-in-Fact and he shall be referred to in this Power of Attorney as "my Attorney-in-
Fact." If my Attorney-in-Fact appointed herein resigns, dies or becomes incompetent, then I
appoint the following individuals to jointly serve as substitute Attorney-in-Fact: JONATHAN H.
GRINDER, TIMOTHY W. GRINDER, and ELISABE T H L. GRINDER. A substitute Attorney-
in-Fact shall have the same powers as given to the original Attorney-in-Fact.
I intend to create a Health Care Power of Attorney (herein referred to as "this Power")
pursuant to A.R.S. § 36-3221.
This Power becomes effective upon the date I become incapacitated. For purposes of this
Health Care Power of Attorney, I shall be considered "incapacitated": (1) if and as long as I am
_ adjudicated an incompetent; or (2} if two doctors familiar with my physical and mental condition
certify in writing that I am unable to communicate informed consent to healthcare decisions or I
lack sufficient understanding or capacity to make responsible decisions concerning myself, and
until there is a like certification that such incapacity has ended.
My Attorney-in-Fact shall use the following form when signing on my behalf pursuant to
this Power:
"ALISON L. GRINDER by ROBERT E. GRINDER, her Attorney-in-Fact."
I give to my Attorney-in-Fact the following limited powers, such powers to be used for my
benefit and on my behalf and to be exercised only in a fiduciary capacity:
(a) To request, review, and receive any information, verbal or written, regarding
my personal affairs or my physical or mental health, including medical and hospital records,
and to execute any releases or other documents that may be required in order to obtain this
information.
(b} "I'o employ and discharge physicians, psychiatrists, dentists, nurses,
therapists and other professionals as my Attorney-in-Fact may deem necessary for my
physical, mental and emotional well-being; and to pay them, or any of them, reasonable
compensation.
{c) To give or withhold consent to my medical care, surgery, or any other
medical procedures or tests; to arrange for my hospitalization, convalescent care, or home
care; and to revoke, withdraw, modify or change consent to my medical care, surgery, or
any other medical procedures or tests, hospitalization, convalescent care, or home care that I
or my Attorney-in-Fact, as my agent, .may previously have allowed or consented to or which
may have been implied due to emergency conditions. I ask my Attorney-in-Fact to be
guided in making such decisions by what I have told my Attorney-in-Fact about my
personal preferences regarding such care. Based on those same preferences, my Attorney-
in-Fact also may summon paramedics or other emergency medical personnel and seek
emergency treatment for me, or choose not to do so, as my Attorney-in-Fact deems
appropriate, given my wishes and my medical status at the time of the decision. My
Attorney-in-Fact is authorized, when dealing with hospitals and physicians, to sign
documents titled or purporting to be a "Refusal to Permit Treatment" and "Leaving Hospital
Against Medical Advice" as well as any necessary waivers of or releases from, liability
required by the hospitals or physicians to implement my wishes regarding medical treatment
or nontreatment.
(d} Upon the execution of a certificate by two (2) independent psychiatrists who
have examined me, who are licensed to practice in the state of my residence, and in whose
opinions I am in immediate need of hospitalisation because of mental disorders, alcoholism,
or drug abuse, to arrange for my voluntary admission to an appropriate hospital or
institution for treatment of the diagnosed problem or disorder; to arrange for private
psychiatric and psychological treatment for me; to refuse consent for any such
hospitalization, institutionalization, and private psychiatric and psychological care; and to
revoke, modify, withdraw, or change consent to such hospitalization, institutionalization,
and private treatment that I or my Attorney-in-Fact, as my agent, may have given at an
earlier time. "
(e) "I'o engage in any or all of the following:
{ 1 } To request that aggressive medical therapy not be instituted or be
discontinued, including (but not limited to} cardiopulmonary resuscitation, the
implantation of a cardiac pacemaker, renal dialysis, parenteral feeding, the use of
respirators or ventilators, blood transfusions, nasogastric tube use, intravenous
feedings, endotracheal tube use, antibiotics, and organ transplants. My Attorney-in-
Fact should try to discuss the specifics of any such decision with me if I am able to
communicate with him or her in any manner, even by blinking my eyes. If I am
unconscious, comatose, senile, or otherwise unreachable by such cornmunication,
my Attorney-in-Fact should make the decision guided primarily by any preferences
that I may previously have expressed and secondarily by the information given by
the physicians treating me as to my medical diagnosis and prognosis. My Attorney-
in-Fact specifically may request and concur with the writing of a "no-code" (DO
NOT RESUSCITATE} order by the attending or treating physician.
(2} To consent to and arrange for the administration of pain-relieving
drugs of any type, or other surgical or medical procedures calculated to relieve my
pain even though their use may lead to permanent physical damage, addiction, or
even hasten the moment of (but not intentionally cause) my death. My Attorney-in-
Fact also may consent to and arrange for unconventional pain-relief therapies such.
as biofeedback, guided imagery, relaxation therapy, acupuncture, skin stimulation or
cutaneous stimulations, and other therapies that I or my Attorney-in-Fact believe
may be helpful to me.
2
(3) To exercise my right of privacy to make decisions regarding my
-- medical treatment and my right to be left alone even though the exercise of my right
might hasten death or be against conventional medical advice. My Attorney-in-Fact
may take appropriate legal action, if necessary in the judgment of my Attorney-in-
Fact, to enforce my right in this regard.
(f) Knowing, as my Attorney-in-Fact does, my spiritual or religious preferences,
to arrange for the presence and involvement of religious clergy or spiritual leaders in my
care, provide them access to me at all times, maintain my memberships in religious or
spiritual organizations or arrange for membership in such groups, and enhance my
opportunities to derive comfort and spiritual satisfaction from such activities, including
religious books, tapes, and other materials.
(g) With a view to meeting my needs fox companionship at a time when I am
disabled or otherwise unable to arrange for that companionship myself; and with the
knowledge of my Attorney-in-Fact of my needs and preferences, to arrange for such
companionship for me as will respect my dignit~,~ and meet my needs and preferences. I
shall seek to communicate my wishes in this regard to my Attorney-in-Fact from time to
time, but if necessary, my Attorney-in-Fact may rely upon previously-expressed wishes in
fulfilling this responsibility.
(h) To arrange for opportunities for me to engage in recreational and sports
activities, including travel, as my health permits. I shall seek to communicate my wishes in
this regard to my Attorney-in-Fact from time to time, but if necessary, my Attorney-in-Fact
~~ may rely upon previously expressed preferences in fulfilling this responsibility.
(i) To make advance arrangements for my funeral and burial, including the
purchase of a burial. plot and marker, and such other related arrangements, including
anatomical gifts, as my Attorney-in-Fact deems advisable. I shall seek to communicate my
wishes to my Attorney-in-Fact with respect to these matters and my Attorney-in-Fact should
rely upon such wishes in exercising this Power.
(j) To sign, execute, deliver, acknowledge, and make declarations in any
document or documents that may be necessary, desirable, convenient, or proper in order to
exercise any of the powers regarding my personal care; to enter into contracts; and to pay
reasonable compensation or costs in the exercise of any such powers.
For the purpose of inducing any physician, hospital, governmental agency, or other party to
act in accordance with the powers granted in this document, I hereby represent, warrant, and agree
that:
(a} If this document is revoked or amended for any reason, I, my estate, my
heirs, successors, and assigns will hold such party or parties harmless from any loss
suffered, or liability incurred, by such party or parties in acting in accordance with this
document prior to that party's receipt of written notice of any such revocation or
amendment.
(b) The powers conferred on my Attorney-in-Fact by this document may be
exercised by my Attorney-in-Fact alone, and the signature or act of my Attorney-in-Fact
under the authority granted in this document may be accepted by third parties as fully
-,
authorized by me and with the same force and effect as if I were personally present,
competent, and acting on my own behalf. Third parties may rely on facsimile copies of any
signature required by such party or pursuant to this Power.
(c} No person who acts in reliance upon any representation made by my
Attorney-in-Fact as to the scope of authority granted under this document shall incur any
liability to me, my estate, my heirs; successors or assigns for permitting my Attorney-in-
Fact to exercise any such power, nor shall any person who deals with my Attorney-in-Fact
be responsible to determine or insure the proper applications of funds or property.
(d} All third parties from whom my Attorney-in-Fact may request information
regarding my health or personal affairs are hereby authorized and directed to provide such
information to my Attorney-in-Fact without limitation and are released from any legal
liability whatsoever to me, my estate, my heirs, successors or assigns for complying with
the requests of my Attorney-in-Fact. I intend for my Attorney-in-Fact to be treated as I
would be with respect to my rights regarding the use and disclosure of my individually
identifiable health information or other medical records. This release authority applies to
any information governed by the Health Insurance Portability and Accountability Act of
1996 (aka HIPAA}, 42 USC 1320d and 45 CFR 160-164. I authorize any physician,
healthcare professional, dentist, health plan, hospital, clinic, laboratory, pharmacy or
other covered health care provider, any insurance company and the Medical Information
Bureau, Inc. or other health care clearinghouse that has provided treatment or services to
me or that has paid for or is seeking payment from me far such services to give, disclose
_ and release to my Attorney-in-Fact, without restriction, all of my individually identifiable
health information and medical records regarding any past, present or future medical or
mental health condition, to include all information relating to the diagnosis and treatment
of HIV/AIDS, sexually transmitted diseases, mental illness and drug or alcohol abuse.
The authority given my Attorney-in-Fact shall supersede any prior agreement that I may
have made with my health care providers to restrict access to or disclosure of my
individually identifiable health information. The authority given my Attorney-in-Fact has
no expiration date and shall expire only in the event that I revoke the authority in writing
and deliver it to my health care provider. I hereby waive all privileges that may be
applicable to such information and records and to any communication pertaining to me
and made in the course of alawyer-client, physician-patient, psychiatrist-patient, clergy-
penitent, or sexual assault victim-counselor relationship.
(e) My Attorney-in-Fact shall have the right to seek appropriate court orders
mandating acts which my Attorney-in-Fact deems appropriate if a third party refuses to
comply with actions taken by my Attorney-in-Fact that are authorized by this Power, or
enjoining acts by third parties that my Attorney-in-Fact have not authorized. In addition,
my Attorney-in-Fact may bring legal action against any third party who fails to comply with
actions I have authorized my Attorney-in-Fact to take and demand damages, including
punitive damages, on my behalf for such noncompliance.
If I have given this Power to two persons, such persons shall serve as co-Attorneys-in-Fact
and shall act unanimously. If I have given this Power to more than two persons, such persons shall
- serve as co-Attorneys-in-Fact and shall act by majority vote. This Power of Attorney shalt be
effective upon the delivery and execution of any document by the majority of Attorneys-in-Fact as
4
if all such persons had executed such document. If one of my co-Attorneys-in-Fact dies, resigns or
is for any reason unable to act, the remaining person or persons named as Attorneys-in-Fact shall
act without the agreement of such person.
My Attorney-in-Fact shall not be liable to me or any of my successors in interest for any
action taken or not taken in good faith, but shall be liable for any willful misconduct or gross
negligence.
If any of the provisions of this Power is invalid for any reason, such invalidity shall not
affect any of the other provisions of this Power, and all invalid provisions shall be wholly
disregarded.
Any grant of a power of attorney regarding my medical affairs made by me subsequent to
the date of execution of this Health Care Power of Attorney shall revoke this Power unless the
subsequent power contains a statement to the contrary and specif cally refers to this Health Care
Power of Attorney by its date. Notwithstanding the above, I may have already or may in the future
execute a durable power of attorney regarding my nonmedical affairs. It is not intended that this
Power executed by me will affect any power of attorney regarding my nonmedical affairs. Nor will
such power of attorney regarding my nonmedical affairs affect this Health Care Power of Attorney
unless specific reference is made to this 1-Iealth Care Power of Attorney.
I may have already or may in the future execute a Living Will ("Declaration"} within the
meaning of A.R.S. §§ 36-3201 et. seq. I specifically direct my Attorney-in-Fact appointed herein to
follow any "Declaration" or "Living Will" executed by me.
Except where the context otherwise requires, the singular includes the plural and the plural
includes the singular.
All questions pertaining to validity, interpretation and administration of this Power shall be
determined in accordance with the laws of ArizorYa.
This Power shall not be affected by my subsequent disability or incapacity.
IN WITNESS WHEREOF, I have hereunto set my hand this 11th day of May, 2007.
~~
ALISON L. GRINDE]~..J
We . '2 ~~-!~ ~t e -R-- and ~-~7SY~
,~~
the witnesses, sign our names to this instrument, being first duly sworn, and do declare to the
undersigned authority that the person named above signs and executes this instrument and that
the person signs it willingly, or willingly directs another to sign on their behalf, and that each of
us signs this instrument as witness to the person°s signing and that to the best of our knowledge
the testator is eighteen years of age or older, of sound mind and free from duress. We also affirm
that we are not related to the principal by blood, marriage, or adoption, and we are not a person
i
5
designated to make medical decisions on the principal's behalf. We are not, to our knowledge, a
~~ beneficiary of the principal's will or any codicil, and we have no claim against the principal's estate
nor are we directly involved in the principal's health care.
_i~~
~---
Witness
. c~ zS~"
Address
r ~~
l ~ ~f
Witness
Address
STATE OF ARIZONA )
ss.
County of Maricopa }
On May 11, 2 7, before me the undersigned, a notary public in and for said state,
personally appeared ~ d ~G~ n (p ~f-
witnesses and ALISON L. KINDER, known to me to be the person whose name is subscribed to
the Health Care Power of Attorney and acknowledged that she signed and dated the same in my
presence and she appeared to be of sound mind and free from duress at the time of signing and
dating of the Health Care Power of Attorney. I affirm that 1 am not related to her by blood,
marriage, or adoption, and am not a person designated to make medical decisions on the principal's
behalf. I am not, to my knowledge, a beneficiary of her will or any codicil, and I have no claim
against her estate. I am not directly involved in her health care.
WITNESS my hand and official seal.
.~-;~.,
f ± ~~ ~" ~i
Notary Public
[Seal. _._. ,_,, ...- __ ~-_ ~.~. _
~, r, t ~;,~ ~ tti~ n~rli~i` ~w~ ~.r.. X
of#i `iJl ,~r JT;..I t= tQt~~(C- ~~yi ~i ~~1+~1r". pS{
7 l,{ ~~"q 1 4 ~1 1~ -
6
CONSENT OF GUARDIAN OF TITS ES'T'ATE
I, Jonathan H. Grinder, hereby consent to act as the Guardian o£ the Estate of Alison L.
Grinder.
T reside at 220 Railroad Ave., Loveland, OH 45140 and am an Event
Coordinator/Consultant.
I am a cztizen of the United States of America and can speak, read and write the English
language.
I have no interes# adverse to Alison L. Grinder, the alleged i aci c person.
~'/ 1
Proposed Guardian _
Oct.22.2012 04:54 PM TIMOTHY GRINDER 5054290435 PAGE. 2/ 2
CONSENT OF GU,ARDZ,AN OF THE ESTATE
Y, Timothy W. Cixir~der, hereby consent to act as the Cruardian of the Estate of Alison T.,.
C,rinder.
I reside at GS Briarcli~'sane, I~olliston, MA Ui746 and am an Art Deafer.
Y am a citizon of the United States of America and can speak, read and write fihe Lnglish
language.
I have no interest adrrerse to Alison L. Gxinder, the alleged incapacitated person.
gay ~ _
't'imothy W. Gain r, roposed Clur~rdiaa
CONSENT OF GUARDIAN OF THE ESTATE
I, Elisabeth L. Grinder McLean, hereby consent to act as the Guardian of the Estate of
Alison L. Grinder.
I reside at 10 Palomino Parkway, Dillsburg, PA 17019 and am an Early Childhood
Specialist/Project Assistant at Goodling Institute for Research in Family Literacy, at
Pennsylvania State University.
I am a citizen of the United States of America and can speak, read and write the English
language.
I have no interest adverse to Alison L. Grinder, the alleged incapacitated person.
L~
B y Ti G ~~..-
Elisabeth L. Grin er McL n, Propose
Guardian