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HomeMy WebLinkAbout01-11-13 IN THE INTEREST OF: EMILY JANE MILLER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA An Alleged Incapacitated Person : No. 21-12-0956 • n :::__ :~:~ • ~ ~~..~ ~ rat ORPHAN'S COURT~I~ISION~ _ ~-` ~~ _ . ~ .~..._ ...,z Prior Judge: M. L. Ebert, Jr., J. ~ ~ ~ r.~.. ~---' ~ ' 1 GUARDIAN AD LITEM FOR EMILY JANE MIL~~I~~S ~ .=T' t- ..,f RECOMMENDATIONS TO THE COURT ' ~:~ ~ = ~ `' _s .. ,. And now comes attorney John Mangan, guardian ad litem for'Emily Ja~~Mit~er=j and respectfully makes the following report and recommendations: The instant matter involves a petition for the adjudication of incapacity and for the appointment of a plenary guardian of the person and estate of Emily Jane Miller filed by Christine Miller, Emily Jane Miller's daughter in law and proposed plenary guardian of the person, and Wendy Sue Basehore, Emily Jane Miller's daughter, and proposed plenary guardian of the estate. The undersigned was appointed as guardian ad litem September 06, 2012. I had extensive conversations with attorney David Nesbit and had the opportunity to review multiple documents regarding the proposed care of Emily Jane Miller. I also had the opportunity to speak with Christine and Jeffrey Miller (Emily Jane's son). I then arranged a home visit to Christine and Jeffrey Miller's residence where Emily Jane Miller currently resides. Subsequently, I had several meetings with Lori Miller, Emily Jane Miller's daughter, and Charles Cobaugh, Emily Jane Miller's brother to discuss their positions on the proposed care for Emily Jane Miller. I have also had several discussions with Cumberland County Office of Aging in regard to Emily Jane Miller. In the ensuing months, I have received multiple reports and communications from the various parties and attorney Nesbit and attorneys Gray and Wohlson, attorneys for Lori Miller. The first issue of whether Emily Jane Miller should be adjudicated incapacitated is straight forward. Very clearly I recommend a finding of incapacity for Emily Jane Miller. There was testimony by several doctors in regard to this issue and it is my understanding that this issue is not contested by any party. Furthermore, I did spend some time with Emily Jane Miller and it appears that she is in need of a guardian of her person and estate, which bring us to the much more complicated second issue. Emily Jane Miller's family has some difficult dynamics in terms of their relationships with each other. Apparently Emily Jane Miller had lived with her daughter Lori Miller in Elizabethtown in Emily Jane Miller's residence for several years. At this point in time, no party is suggesting that Emily Jane Miller reside at her own residence. Lori Miller would like Charles Cobaugh, Emily Jane Miller's brother, to be guardian of the person, or in the alternative, a neutral third party. Lori Miller indicates that she has a very good relationship with her mother but that some possible issues of mental confusion, maybe dementia, in her mother has caused her mother to misperceive what Lori's relationship with her really is. Lori's position is that she simply would like to maintain a good relationship with her mother and desires frequent contact with her mother, not to be restricted to Christine and Jeffrey's residence. Lori would prefer to have her mother reside at Masonic Village, if not now, in the very near future. Lori indicates that this setting would be the most appropriate for Emily Jane Miller. Charles Cobaugh also has a very good relationship with his sister. Even for his age, Mr. Cobaugh is very mentally sharp and Lori Miller believes he would be an excellent plenary guardian of the person. Mr. Cobaugh also believes that Masonic Village would be an appropriate setting for his sister at some point. It should be noted that both Lori Miller and Charles Cobaugh have concerns about the proposed care plan that Kestone Elder Law has proposed, especially the issue of financial compensation for the care of Emily Jane Miller. Also to be noted is that Emily Jane Miller's ex-husband and current wife do have somewhat frequent contact with Christine and Jeffrey Miller. Reportedly, Emily Jane Miller and her ex-husband do not have a very good relationship. Lori Miller and Charles Cobaugh have concerns about the ex-husband being in contact with Emily Jane Miller, potentially even caring for her. Lori Miller desires visits with her mother out in the community, taking her for drives, to dinner or breakfast and the like. Apparently at some point, there was a referral to the Office of Aging. A representative from Cumberland County did go out to Christine and Jeffrey Miller's residence to check on the welfare of Emily Jane Miller. All reports were that Emily Jane Miller was safely being cared for. However, Cumberland County Office of Aging did contact me two times to offer their opinion on who should be the plenary guardians. Based on the strained relationship between Emily Jane Miller's children, Cumberland County Office of Aging did say that a neutral third party would be appropriate both for guardian of the person and estate. Jeffrey and Christine Miller would like Emily Jane Miller to remain in their house as long as possible. Christine Miller has experience with caring for her own parents in her home when they were going through similar circumstances. The Millers have a son in high school and one adult daughter also living with them. After visiting the residence, it appears that the Millers have an excellent setting to care for Emily Jane Miller. Emily Jane Miller did appear to be very comfortable with Christine and Jeffrey Miller. The grandchildren also have an excellent relationship with Emily Jane Miller as well. Christine has somewhat of a flexible job that allows leer to care for Emily Jane Miller on a substantial basis. Christine has made all of the necessary arrangements for medical treatment of Emily Jane Miller. Christine and Jeffrey have indicated that Emily Jane should remain in a family setting as long as possible before being transferred to some sort of assisted living setting. Christine and Jeffrey have indicated that they welcome Lori and Mr. Cobaugh to have frequent contact with Emily Jane. Christine and Jeffrey relay that visits Emily Jane can occur any time as long as schedules permit. At this point, it is my understanding that Christine and Jeffrey would prefer to have the visits occur at their residence. Christine and Jeffrey also are open to Lori seeing her mother at church. Wendy Basehore, Emily Jane's other daughter, indicates that Emily Jane should remain at Christine and Jeffrey's residence and that Christine Miller should be the guardian of the person. Wendy has been one person designated on a power of attorney for several years. Wendy indicates that she is willing to act as guardian of the estate for her mother. There does not appear to be overwhelming opposition to this. RECOMMENDATIONS: In sum, I recommend that Emily Jane Miller be found to be incapacitated. I recommend Wendy Basehore to be appointed plenary guardian of Emily Jane Miller's estate. I recommend that Christine Miller be appointed guardian of the person of Emily Jane Miller. I do have some concerns in regard to the care plan proposed by Keystone Elder Law, but the benefits outweigh the concerns. Speaking of concerns, I have concerns about ensuring that Lori Miller has frequent contact with her mother. I recommend that Lori Miller has at least two afternoon or evenings per week, approximately four hours each, pursuant to the parties' respective schedules. The requested periods shall be relayed at least ten days in advance. Lori Miller shall be able to take her mother out into the community, not restricted to Christine and Jeffrey Miller's residence, absent written recommendations from a qualified professional. Lori Miller shall also have designated time with her mother for all holidays. Respectfully submitted, Jolxn 11~tangan, Esq.