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HomeMy WebLinkAbout02-12-13~„ .~ v ~~ IN THE COURT OF COMMON PLEAS OF ~ ~ r~'.. CUMBERLAND COUNTY, PENNSYLVANIA x'' ~ ~ ~, ORPHANS' COURT DIVISION ~ ,~.; ''r O.C. NO. ~ j - / ~ - DI ~-~ , ~ ~ . ESTATE OF COLETTE B. HUBBARD, r~ ~ r" AN ALLEGED INCAPACITATED PERSON PETITION UNDER §5511 OF THE PROBATE, ESTATES AND FIDUCIARIES CODE TO ADJUDGE COLETTE B. HUBBARD TO BE TOTALLY INCAPACITATED AND TO APPOINT A GUARDIAN FOR HER ESTATE AND HER PERSON TO THE HONORABLE JUDGES OF SAID COURT: ManorCare Health Services -Camp Hill ("Petitioner") respectfully represents that: 1. Petitioner is a skilled nursing facility wherein resides Colette B. Hubbard ("Ms. Hubbard"), an alleged incapacitated person. 2. Ms. Hubbard was born on August 14, 1925 and is currently 87 years of age. 3. Ms. Hubbard resides in a private nursing facility in Cumberland County, whose address is: ManorCare Health Services -Camp Hill 1700 Market Street Camp Hill, PA 17011 4. Because Ms. Hubbard resides in Cumberland County, this (~' ~ has j ~'sdi~~ pursuant to § 711 (10) of the Probate, Estates and Fiduciary Code and § SS~~.r. ~,,, ~ m rzrn rv ~~ ~~~ ~~ ~QC~ ~ Cj ~ ~ '""' ' ' • ~ '"~ f V ~ 1 t ~ t"" ~ 'Y'1 ~„' 0 ~~ 5. To the extent of Petitioner's knowledge, Ms. Hubbard has the following living relatives: Name: Address: Relationship: Nadine Keaveney 1238 Painted Fern Road Daughter Denton, MD 21629 Nathalie Haslbeck 316 Early Pride Court Niece Pasadena, MD 21122 6. To the extent of Petitioner's knowledge, Ms. Hubbard owns no assets of significant value. 7. Ms. Hubbard receives a monthly income stream consisting of Social Security in the amount of $1,475.00. 8. To Petitioner's knowledge, Ms. Hubbard 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. Hubbard's behalf; however, due to the failure to provide requested financial verifications to the Pennsylvania Department of Public Welfare, Ms. Hubbard is not presently receiving MA benefits to help pay for the cost of her care at Petitioner's facility. 10. Ms. Hubbard's daughter, Nadine Keaveney, indicated to Petitioner she was appointed by Ms. Hubbard to act as Ms. Hubbard's agent under power of attorney; however, to date, Petitioner has not been provided with a document executed by Ms. Hubbard providing Nadine Keaveney with such authority. 11. To Petitioner's knowledge, a guardian has not previously been appointed for Ms. Hubbard. 12. Ms. Hubbard's treating physician is: Dr. Christine Daecher 2010 Market Street Camp Hill, PA 17011 13. Dr. Daecher diagnosed Ms. Hubbard as suffering from dementia, a condition which causes incapacity and requires that she receive 24-hour-a-day care. 14. Because of the lack of a representative willing to act on Ms. Hubbard's behalf, and due to the onset of Ms. Hubbard's dementia, there may be no less restrictive alternatives to the appointment of a Guardian of the estate and person of Ms. Hubbard. 15. Because of Ms. Hubbard'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. 16. Because of Ms. Hubbard'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. 17. Because of the severity of Ms. Hubbard's dementia, the assistance of other persons or services would not enable Ms. Hubbard to participate in the making of any decisions concerning her estate or person. 18. The severity of Ms. Hubbard'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. 19. The severity of Ms. Hubbard's dementia mandates that a plenary guardian of her person be appointed to handle all issues relating to the person of Ms. Hubbard, 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. 20. The proposed guardian of the person and estate of Ms. Hubbard is: Brian D. Brooks d/b/a Pennsylvania Guardianship Association P.O. BOX 7295 Lancaster, PA 17604 (717) 299-4568 21. The proposed guardian, Brian D. Brooks d/b/a Pennsylvania Guardianship Association, does not have any adverse interests to the person or estate of Ms. Hubbard, and an acceptance to serve as guardian of the person and estate is attached hereto as Exhibit A. 22. Brian D. Brooks d/b/a Pennsylvania Guardianship Association has been suggested as guardian of the person and estate of Ms. Hubbard because he has extensive experience in handling such matters. 23. To Petitioner's knowledge, no other Court has ever assumed jurisdiction in any proceeding to determine the capacity of Ms. Hubbard. 24. Due to the limited resources of Ms. Hubbard, Petitioner requests the fees of court- appointed counsel for Ms. Hubbard be paid by Cumberland County. WHEREFORE, Petitioner prays that a Citation be issued directed to Colette B. Hubbard to show cause why she should not be judged a totally incapacitated person and Brian D. Brooks d/b/a Pennsylvania Guardianship Association be appointed permanent plenary guardian of her person and her estate, with notice by personal service to Colette B. Hubbard. Date: ~ /1 3 Respectfully Submitted, B • Y Y en' in J. Glatfe er, Esquire orney I.D. No.. 203935 John N. Kennedy, Esquire Attorney I.D. No.: 68278 KENNEDY PC LAW OFFICES P.O. Box 5100 Harrisburg, PA 17110-0100 (717) 233-7100 Attorneys for ManorCare Health Services -Camp Hill 4939-13 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: ~ f,~ ,~vis ~:%'~ . _'`~ ~~.~. \~~~w...---••.. . .. Signature Printed Name: f~`""' `"~`~""~'-~ Printed Job Title : f3u s ~~uss Arco N~a~~u~/ ManorCare Health Services -Camp Hill ExxlsiT A ~93~-~;3 Ct~NSE~Tfi +()F PFtt3Pfl~SED +IIARDIAi~i Brian D. Brflok~ dlb1~ Pensy~ania Guardianship Association c~+~es hereby certify he ~ v~rilling to apt as P+~~manent plenary guardi ©f the Perm. artd estate of C,o%tte B. Hubbard, an alleged incapacitated'persanx if the Court shall so appoint.: F'urth~r, Brian L~. Brooks d1b1a Perrnsytva~ia Guardianship Asst~ciation hereby certifies he is nt~t a fiduciary of any estate in ~vl~ch ~~lette B. Hubbard has an interest nor does he have any Qther interest currex~tiy adverse Colette B. Hubbard's person car estate. tea: ~ 7 r ~ ~7, ~ Point: 'Title: Arian D. Brooks dlbla Pennsylvania Guardianship Association