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IN THE ORPHANS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
In re: Betty G. Goddard
An alleged incapacitated person OC - ,L - I
PETITION FOR ADJUDICATION OF INCAPACITY AND FOR APPOINTMENT
OF A PLENARY GUARDIAN OF THE PERSON
AND NOW, this ~ day of , 2012, comes the Petitioner, Cheryl
A. Hale, by her attorney, Andrea M. Singley, Esquire, and states the following Petition:
1. Cheryl A. Hale, Petitioner, resides at 32 Oak Park Avenue, Carlisle,
Cumberland County, Pennsylvania 17015.
2. The alleged incapacitated person is Betty G. Goddard, referred to as the
"Respondent." The Respondent currently resides at Church of God Home, 801 North
Hanover Street, Carlisle, Cumberland County, Pennsylvania 17013, where she has resided
since September 15, 2012. She was born on June 7, 1928, and is 84 years of age.
Respondent is not currently married.
3. The following persons are to the best of the Petitioner's knowledge the only
living immediate relatives of Betty G. Goddard:
r g a. Cheryl A. Hale, daughter (Petitioner);
i b. Peggy Marie Ferguson, daughter; and
U,= c. Heidi Goddard, daughter.
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4 To the best of the Petitioners' knowledge, Betty G. Goddard has the
Mowing assets:
Checking account with Eastmill Federal Credit Union $10,740.19
Savings account with Eastmill Federal Credit Union $2,205.42
IRA with Wells Fargo $21,849.42
Real Property at 34 Cedar St., East Millinocket, ME $49,100.00
5. Betty G. Goddard currently receives a monthly income of $650.00 from
Social Security.
6. Betty G. Goddard currently receives alimony for $193.00 paid on a monthly
basis.
7. In June of 2012, Betty G. Goddard stopped cashing the alimony checks.
8. Betty G. Goddard was not a member of the armed forces of the United States
of America.
9. The proposed guardian of the person is Cheryl A. Hale, her daughter.
10. Betty G. Goddard suffers from dementia, coronary artery disease, GERD,
depression, bipolar disorder, schizophrenia, and various health issues. Due to her
incapacity, Betty G. Goddard is in need of daily supervision, and requires help with
everyday activities.
11. Respondent's ability to receive and evaluate information and her ability to
communicate decisions is significantly impaired by the disorders and health issues listed in
Paragraph 8 above, so that she is unable to meet essential requirements for her physical
health and safety, and conduct her financial affairs.
12. Petitioner believes that Betty G. Goddard is in need of a plenary guardian of
the person, and that no less restrictive alternatives will adequately meet Respondent's
needs.
13. Respondent signed a medical power of attorney and advance health care
directive and designated Petitioner to serve as her surrogate over her medical care.
Respondent has never signed a power of attorney designating anyone to serve as her agent
to handle her financial affairs. Respondent's physician conducted an exam on November
26, 2012 and found that Respondent does not have the capacity to give any consent.
14. No other court has ever assumed jurisdiction in any proceeding to determine
the capacity of the Respondent, and no other guardian has been appointed for the person of
the Respondent.
15. Respondent's daughter, Peggy Marie Ferguson, currently resides in the
residence located in Maine that Respondent owns. Peggy Marie Ferguson is currently an
adult disabled person. Under the Medicaid Code, Respondent may transfer the Maine
residence to her daughter, Peggy Marie Ferguson, without consequence to her Medicaid
application.
16. Respondent is currently unable to perform the action of transferring the
Maine residence listed above. Therefore, Petitioner requests that, once appointed as
guardian for Respondent, she be allowed to transfer the Maine residence to her sister, Peggy
Marie Ferguson, an adult disabled person.
WHEREFORE, Petitioner respectfully requests the following:
a. that this court award a Citation directed to the Respondent to show cause
why she should not be adjudged an incapacitated person and a plenary guardian of
her person appointed; and
b. that this court take in to consideration Petitioner's request to transfer the
Maine residence to Respondent's adult disabled daughter.
Respectfully submitted,
BEAUCH AT
Dated:
Andrea W. 4irr~ squir
63 West High Str
Gettysburg, PA 17325
ID #
(717) 334-4515
Attorney for Petitioner
VERIFICATION
I, Cheryl A. Hale, verify that the statements made in this pleading are true and
correct. I understand that false statements herein are made subject to the penalties of 18
Pa.C.S. §4904, relating to unsworn falsifications to authorities.
Cheryl A. H e, Petitioner