Loading...
HomeMy WebLinkAbout01-16-134' ~ ~: `.~ r .~ - ~ ~ ° ~ 'i .. _... , __. , IN THE COURT OF COMMON PLEAS OF ~ r_ , ;; CUMBERLAND COUNTY, PENNSYLVANIA ~ : ~ ' '~ ORPHANS' COURT DIVISION `~~~~' '~" ` y O.C. NO. ~/ -/~ -D~~~ ESTATE OF MARY C. BOSTWICK, AN ALLEGED INCAPACITATED PERSON PETITION UNDER §5511 OF THE PROBATE, ESTATES AND FIDUCIARIES CODE TO ADJUDGE MARY C. BOSTWICK TO BE TOTALLY INCAPACITATED AND TO APPOINT A GUARDIAN FOR HER ESTATE AND HER PERSON TO THE HONORABLE JUDGES OF SAID COURT: Golden Living Center -West Shore ("Petitioner") respectfully represents that: 1. Petitioner is a skilled nursing facility wherein resides Mary C. Bostwick ("Ms. Bostwick"), an alleged incapacitated person. 2. 3. address is: Ms. Bostwick was born on August 2, 1935 and is currently 77 years of age. Ms. Bostwick resides in a private nursing facility in Cumberland County, whose Golden Living Center -West Shore 770 Poplar Church Road Camp Hill, PA 17011 4 Because Ms. Bostwick resides in Cumberland County, this Court has jurisdiction pursuant to § 711 (10) of the Probate, Estates and Fiduciary Code and § 5512(a). h~ 5. To the extent of Petitioner's knowledge, Ms. Bostwick has the following living relatives: Name: Address: Relationship: Richard Bostwick 105 Rambo Hill Road Husband Shermansdale, PA 17090 Christine McCormic 121 Rambo Hill Road Daughter Shermansdale, PA 17090 6. Ms. Bostwick and her husband, Richard Bostwick, own property located at 105 Rambo Hill Road, Shermansdale, PA 17090. 7. Ms. Bostwick receives a monthly income stream consisting of Social Security in the amount of $591.50. 8. To Petitioner's knowledge, Ms. Bostwick was not a member of the Armed Services of the United States and therefore is not receiving any benefits from the United States Veterans' Administration. 9. An application for Medical Assistance ("MA") benefits was filed on Ms. Bostwick's behalf; however, due to the failure to provide requested financial verifications to the Pennsylvania Department of Public Welfare, Ms. Bostwick is not presently receiving MA benefits to help pay for the cost of her care at Petitioner's facility. 10. To Petitioner's knowledge, Ms. Bostwick has not appointed an agent to act on her behalf under power or attorney, nor has a guardian been appointed for her. 11. Ms. Bostwick's treating physician is: Dr. Thomas Kunkle 550 Brandt Avenue New Cumberland, PA 17070 12. Dr. Kunkle diagnosed Ms. Bostwick as suffering from dementia, a condition which causes incapacity and requires that she receive 24-hour-a-day care. 13. Because of the lack of a representative willing to act on Ms. Bostwick's behalf, and due to the onset of Ms. Bostwick's dementia, there may be no less restrictive alternatives to the appointment of a Guardian of the estate and person of Mary Bostwick. 14. Because of Ms. Bostwick's dementia, she is totally unable to manage or even appreciate the significance of her financial affairs, property and business and to make and communicate any decisions relating thereto, including the ability to communicate her need for assistance in these areas. 15. Because of Ms. Bostwick's dementia, she lacks the capacity to make or communicate any responsible decisions concerning her person and is unable to attend to her personal hygiene or to keep herself properly nourished and hydrated or communicate to others her need for assistance in these areas. 16. Because of the severity of Ms. Bostwick's dementia, the assistance of other persons or services would not enable Ms. Bostwick to participate in the making of any decisions concerning her estate or person. 17. The severity of Ms. Bostwick's dementia requires that a plenary guardian be appointed to manage her estate. Said guardian should be appointed to manage and handle all aspects of her estate, specifically including, but not limited to: all issues relating to her cash, checks in any bank or savings account 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 government or non-government benefit plans, federal, state, local taxes, trust accounts of which she is the beneficiary, claims made or to be made on her behalf or against her, the execution of documents, the entry into contracts affecting her and the payment of reasonable compensation or costs to provide services for her. 18. The severity of Ms. Bostwick's dementia mandates that a plenary guardian of her person be appointed to handle all issues relating to the person of Ms. Bostwick, specifically including but not limited to: her living arrangements, her medical and psychiatric care, the administration of medication to her and the employment and discharge of physicians, psychiatrists, dentists, nurses, therapists, and other professionals for her physical and mental treatment and care. 19. The proposed guardian of the person and estate of Ms. Bostwick is: Keystone Guardianship Services P.O. Box 804 Elizabethville, PA 17023 20. The proposed guardian, Keystone Guardianship Services, does not have any adverse interests to the person or estate of Ms. Bostwick, and an acceptance to serve as guardian of the person and estate is attached hereto as Exhibit A. 21. Keystone Guardianship Services has been suggested as guardian of the person and estate of Ms. Bostwick because they have extensive experience in handling such matters. 22. To Petitioner's knowledge, no other Court has ever assumed jurisdiction in any proceeding to determine the capacity of Ms. Bostwick. 23. Due to the limited resources of Ms. Bostwick, Petitioner requests the fees of court-appointed counsel for Ms. Bostwick be paid by Cumberland County. WHEREFORE, Petitioner prays that a Citation be issued directed to Mary Bostwick to show cause why she should not be judged a totally incapacitated person and Keystone Guardianship Services be appointed permanent plenary guardian of her person and her estate, with notice by personal service to Mary Bostwick. Date: ~ ~~ ~,~ Respectfully Submitted, ~ ~~ A B l/~ y~ f min J. Glatfelter, Esquire Attorney I.D. No.: 203935 John N. Kennedy, Esquire Attorney LD. No.: 68278 KENNEDY, PC LAW OFFICES P.O. BOX S 1 OO Harrisburg, PA 17110-0100 (717) 233-7100 Attorneys for Golden Living Center -West Shore 2830-12 VERIFICATION The undersigned hereby verifies the statements of fact in the foregoing document are true and correct to the best of his or her knowledge, information and belief. He or she understands any false statements therein are subject to the penalties contained in 18 Pa. C. S. § 4904, relating to unsworn falsification to authorities. Dated: ~a ~ ~ / ~-- rgnature Printed Name: ~l ~.. ~~ ~~..~. Printed Job Title:~~ l~c~ a-~ ~ ~~ ~~~~ Golden Living Center -West Shore 2830-12 CONSENT OF PROPOSED GUARDIA.~I Keystone Guardianship Services does hereby certify they are willing to act as permanent plenary guardian of the person and estate of '.Mary Bostwick, an alleged incapacitated person, if the Court shall so appoint. Further, Keystone Guardianship Services hereby certifies they are aot a fiduciary of any estate in which Mary Bostwick has an interest nor do they have any other interest currently adverse Mark Bostwick's person or estate. Dated : ~ i ~ ~ 3 ~ ' lgnature Print: CbNS~'A-NGE C. ~''toN~2U~4 tJ Title: 1~RFS rD~NT Keystone Guardianship Services