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Home My WebLink About12-03-12IN RE: TIEN KHAI TRAN, an alleged incapacitated person ~^-, C: _ " ;;+' ~ ~:~ ~ ~ ~-,.~ ("~ l"a+~9 d- e m ~ r .. ; ....~ ~~~ -, .J ^ rxy ~ ~ ~ ~::~ .. h-' ? ' E AA k ~~ w.., ~„~ ~,~ "b IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS COURT DIVISION No.: ~ l- j,~ -- /,~,~ / PETITION FOR APPOINTMENT OF PLENARY GUARDIAN OF THE PERSON AND PLENARY GUARDIAN OF THE ESTATE AND NOW comes Ut Michael K. Tran, also known as Ut K. Tran, and KimQui T. Tran and. petition the court, pursuant to 20 Pa. C.S.A. 5501 et_se~c for their appointment as guardians of the person and of their estate of their son Tien Khai Tran, born 7 October 1995, and state, in the support of their Petition, as follows: 1. The petitioners herein are Ut Michael K. Tran, also known as Ut K. Tran, and KimQui T. Tran, husband and wife who reside at 508 Ellen Road in Camp Hill, Cumberland County, Pennsylvania, 17011. They are husband and wife and are the parents of the alleged incapacitated person, Tien Khai Tran. 2. Petitioners seek to be appointed the guardians of the person and of the estate of their son Tien Khai Tran, about whom they provide the following information: Age: 17 years Date of Birth: 7 October 1995 Marital Status: Single, never married Address: 508 Ellen Road, Camp Hill, PA 17011 Sibling: Brother, An Khai Tran, age 14 Length of residence in Pennsylvania: 12 years or more -1- ~~u' 3. The alleged incompetent has never been married and has no children. His legal heirs are: His father, Ut Michael K. Tran,508 Ellen Road in Camp Hill, PA 17011 His mother, KimQui T. Tran, 508 Ellen Road in Camp Hill, PA 17011 His brother, An Khai Tran, 508 Ellen Road in Camp Hill, PA 17011 4. The only assets owned by the alleged incompetent are: A. Custodial account No. 8901-8346 with Charles Schwab Investments, with a present balance of approximately $900.00. B. Educational savings account No. 8901-8347 with Charles Schwab Investments, with a present balance of approximately $670.00. C. Custodial account held for his benefit with Fulton Bank, account No. 3629-50656 with a present balance of approximately $185.00. D. Custodial account held for his benefit with Metro Bank, account No. 0626712731 with a present balance of approximately $390.00. E. His personal effects and clothing which the Petitioners believe have no significant value. 5. The alleged incapacitated person has no income. He receives supplemental health insurance through the Medicaid program, but does not receive any cash grants or other income. He is dependent upon the petitioners for his financial support. 6. The alleged incompetent owes no debts. 7. Petitioners seek their appointment of the guardians of the person and the estate of the alleged incompetent because the alleged incompetent suffers from a severe autistic disorder which adversely affects his speech and language and severely affects his cognitive functioning. As a result of these disorders, the alleged incompetent's ability to receive and evaluate -2- is information effectively and to communicate decisions in any way is impaired to such a significant extent that he is partially or totally unable to manage his financial resources or to 3 i meet essential requirements for his physical health and safety. ,, 8. The alleged incompetent currently resides with Petitioners who provide for all of his needs and make all decisions for him and provide all care for him. ;; 9. The alleged incompetent is cared for medically by Joel E. Rose, M.D. of ~' PinnacleHealth Pediatric Associates, who has care for him for more than twelve years and is familiar with his condition, diagnosis, needs, and care. Attached hereto, and marked as EXHIBIT A is a report from Dr. Rose describing the condition and incapacity of the alleged incompetent. '' 10. There are no less restrictive alternatives to the appointment of the guardians requested in this Petition. There are no other competent adult available to provide care for the alleged incompetent or to make decisions regarding his finances and his health and other care. '' The petitioners are the persons who have always made these decisions and provided this care for j the alleged incompetent and they are the persons best qualified to continue to provide that care. ;~ 11. Petitioners request appointment as the guardian of the person and of the estate of the a' alleged incompetent because they do not believe they can properly provide care for himself or make decisions regarding such care or regarding his finances. Petitioners have no adverse interest to the alleged incompetent and wish to continue to provide and prepare decision making for him. 12. Petitioners that it is in the best interests of their son, the alleged incapacitated person, that they be appointed the plenary guardian of his person and the plenary guardian of his estate. They request the court appointment them to that position. WHEREFORE, the Petitioners pray this court to appointment them as the plenary guardians of the person of their son Tien Khai Tran, the alleged incapacitated person, and to appoint them as the plenary guardians of the estate of Tien Khai Tran, the alleged incapacitated person, and to provide in such order that, upon the death or other inability of either of them to serve in that capacity, the survivor shall serve alone. ~p ~~ --~ ~ ~~ ~ t Samuel L. Andes Attorney for Petitioners 525 North 12t" Street P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 -4- ;~ I I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). ~ ~~a DATE: /~~~ ~ ~,~' .~ "~~~,.. ~~° ~ ~~ ~T Ut Michael K. Tran, also known as Ut K. Tran I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). .~,, DATE: ~_-~- ~.>> ,~,.~.~,, ~ ~ , ~~ ~ ~ (~ .. KimQui . Tran -6- Joel E. Rose, MD Assistant Professor of Clinical Pediatrics PennState University College of Medicine November 19, 2012 RE: Tien Khai Tran DOB 10/07/1995 To Whom It May ~`oncern: I am writing to provide information that relates to Tien Khai Tran being an incapacitated person. I have been providing medical care to Tien Khai Tran for twelve years or more, and Tien's last office visit under my care was on l 1/01/2012. Tien has a diagnosis of ~4utistic Disorder. Psychiatric evaluation completed by Michael J. Murray, MD on 10/06/2000 resulted in a diagnosis of Autistic Disorder. This diagnosis agrees with that of psychologist Karen Rafferty-Hornung, Psy.D., in her 04/28/2008 evaluation. Per Michael J. Murray, MD 10/06/2000 Psychiatric Evaluation, "Tien... is demonstrating features consistent with an Autistic Disorder. These features would include impairment in verbal and non- verbal communication, failure to develop appropriate peer relationships, inhibition of spontaneous seeking to share experiences and lack of social reciprocity." Due to Tien's autistic traits, Tien is severely delayed in speech-language which has particularly hindered his cognitive functioning at age level in mental, physical, and social aspects. Per Karen Rafferty-Hornung, Psy.D 04/28/2008 Psychological Evaluation Summary, "Tien continues to struggle with expressive and social communication skills. Tien has difficulty processing abstract information and multistep or complex directions." Tien continuos to exhibit these skills deficits that have impaired him significantly to receive and assess information, and communicate decisions. Therefore, Tien requires assistance in his daily life in order to function productively to the best of his abilities. Tien is academically and socially functioning between the grade levels of second to fourth. Tien needs constant monitoring and prompting to help him with his health, safety, and welfare. Tien is not capable of communicating and processing information to make decisions relating to his physical health, safety, and managing his finances. Tien cannot independently take his daily medication, and. requires assistance in taking the correct dosage on a daily basis. Tien is not competent to safely be by himself at home and in community. Due to Tien's rigid nature (autism characteristic}, Tien requires prompting to regulate himself mentall~T, physically, and behaviorally in order for Tien to cope ~~~ith changes {such as change in daily schedule, change in environment, etc.). Tien Khai Tran 2 November 19, 2012 To continue and further support Tien in developing his fullest potentials, both of Tien's parents need to be appointed plenary guardians of the person (Tien) and plenary guardians of the estate of Tien. Mr. Ut Michael K. Tran & Mrs. KimQui. T. Tran are caring and dedicated caretakers who are knowledgeable about their son's diagnosis and needs. They are invested in Tien's success and are motivated to work with doctors and service providers. Both parents continually seek to learn about autism, behavior interventions, speech-language development, and occupational therapy in order to provide assistance for Tien"s physical health, safety, and finances. It is in the best interest for Tien Khai Tran not to appear at the hearing since he is incapacitated to evaluate, process, and communicate information. Furthermore, being at the hearing may cause Tien to negatively self-regulate his behavior as he reciuires opportunities to desynthesize any unexpected anxiety as well as additional facilitations for the change in environment from his daily routine schedule. Please accept my written descriptions of Tien. Khai Tran" s incapacitated condition. and please consider excusing me from testifying at the hearing. if you have any questions, please feel free to contact me. 1 have sent a copy of this report to Mr. Samuel L. Andes, Attorney and Mr. Ut Michael K. Tran & Mrs. KimQui T. Tran. Sincerely, Joel E. Rose, MD Assistant Professor of Clinical Pediatrics PennState University College of Medicine PinnacleHealth Pediatric Associates 4601 Devonshire Road, Harrisburg, PA, 17109 Phone: 717-b52-1211 Fax: 717-652-498 cc: Mr. Samuel L. Andes, Attorney, 525 North 12th Street, P.O. Box 1 ~8, Lemoyne, PA, 17043 Mr. Ut Michael K. Tran & Mrs. KimQui T. Tran, 508 Ellen Road, Camp Hill, PA, 1701.1