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Home My WebLink About02-13-13 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: PAULINE K. COVER, An Alleged Incapacitated Person ORPHANS' COURT DIVISION No. (~~ q of 2013 PETITION FOR APPOINTMENT OF PERMANENT PLENARY GUARDIAN OF PERSON AND ESTATE Filed on behalf of: GOLDEN LIVING CENTER- WEST SHORE, Petitioner Counsel of Record for this Party: Aaron C. Jackson, Esquire Pa I . D. #200490 Nora Gieg Chatha, Esquire Pa. I.D. #200446 Tucker Arensberg, P.C. Firm #287 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 ~ r~ C:> v '-r o m ' ~ A ~ ~ ~ ~ „~~ ~ b ~ ~ ~ ems. ~ i`i t,~ ~ ~ e IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: ORPHANS' COURT DIVISION PAULINE K. COVER, An Alleged Incapacitated Person No. I 1 of 2013 ~ rte; ~'' ~~ ~ ~ ° rn ~ PETITION FOR APPOINTMENT OF GUARDIAN°D -~'n ' ^ ~ ° rn=~ a~ ~~ r- ~ ~, ~-~ r ,~r tit p. TO THE HONORABLE, THE JUDGES OF SAID COURT: ~ ~-' ~ G~ o ° ¢"ar,~> ~ ;.~ _ ~3 ~rY " 1 cif c-~ ~. GOLDEN LIVING CENTER -WEST SHORE ("Golden Livirag-f3enter"~files ::« ~~ ~ i~ Petition for Appointment of Permanent Plenary Guardian of Person and Estate und ...~ er and ~t pursuant to the Probate Estates and Fiduciaries Code of 1972, 20 Pa. C.S.A. §§ 5501, et seq., as amended, and respectfully represents as follows: 1. PAULINE K. COVER (the "Alleged Incapacitated Person") is a ninety-four-year-old female born on December 13, 1918. 2. The Alleged Incapacitated Person currently resides at Golden Living Center -West Shore, with an address of 770 Poplar Church Road, Camp Hill, PA 17011, following initial admission on or about July 11, 2012. 3. Golden Living Center since applied for Medical Assistance Long Term Care ("MA-L'TC") on behalf of Alleged Incapacitated Person on or around November 28, 2012. Based upon information provided by the Department of Public Welfare, which administers the MA-LTC program, the MA-LTC application will be rejected as a result of either failure to provide verification and/or transfers for less than fair for consideration effectuated on behalf of the Alleged Incapacitated Person. This Petition is being filed in pertinent part in order to facilitate the MA-LTC process in an effort to obtain coverage for the Alleged Incapacitated Person's long term care needs and to have an independent representative advocate on her behalf. -2- 4. Upon information, the Alleged Incapacitated Person is widowed has the following known relatives (including spouse, parents and presumptive adult heirs as may be applicable): Name Relationship Address Kathy Wisner Daughter 35 Scarsdale Drive Camp Hill, PA 17011 Rick Wisner Grandson 206 Pennsylvania Avenue Camp Hill, PA 17011 Brenda Hall Step-Daughter 1141 Lambs Gap Road Mechanicsburg, PA 17055 5. The following persons or institutions provide the listed services to the Alleged Incapacitated Person: Name Golden Living Center Thomas Kunkle, MD Pharmerica Holy Spirit Hospital Address Service 770 Poplar Church Road, Residential Skilled Camp Hill, PA 17011 Nursing Services 550 Brandt Avenue Attending physician New Cumberland, PA 17070 900 Greengate Plaza Prescriptions Greensburg, PA 15601 503 N 21st St. Hospitalizations as Camp Hill, PA 17011 necessary 6. The Alleged Incapacitated Person's physicians have diagnosed her physical and mental condition as including depressive disorder, senile dementia, and reactive confusion. These physicians have opined that the Alleged Incapacitated Person's functional limitations include an inability, without the care, supervision and the continued assistance of others, to satisfy requirements for nourishment, personal and medical care, shelter, self- protection and safety, and the management of financial resources, and that the treatment -3- rendered to date has been unsuccessful in significantly improving the aforementioned conditions and functional limitations. 7. Golden Living Center has been advised and believes that the Alleged Incapacitated Person's ability to receive and evaluate information effectively and to communicate responsible decisions is significantly impaired and currently preclude the Alleged Incapacitated Person from independently attending to issues of medical treatment, residential care and all matters concerning personal affairs and also the management of any financial affairs. 8. Golden Living Center requests the appointment of a guardian due to medical and psychiatric information received (as set forth above), which information contributes to Golden Living Center's belief that the Alleged Incapacitated Person is totally incapacitated within the meaning of 20 Pa.C.S. §§ 5501, et seq. with regard to matters concerning person and estate. 9. Golden Living Center has identified Keystone Guardianship Services as a potential permanent plenary guardian of the Alleged Incapacitated Person's person and estate (the "Proposed Guardian"). The Proposed Guardian has advised that he or she has no interest adverse to the Alleged Incapacitated Person and is not a fiduciary in any estate for which the Alleged Incapacitated Person has an interest. 10. Golden Living Center has investigated less restrictive alternatives to the relief requested herein, but such are not feasible due to the current situation and conditions described above. Such conditions preclude the making of voluntary, informed judgments by the Alleged Incapacitated Person regarding the management of personal and financial affairs. The relief requested herein is believed to be the least restrictive available, in accordance with the recommendation of the Alleged Incapacitated Person' physicians. 11. To Golden Living Center's knowledge, the Alleged Incapacitated Person has an estimated gross estate consisting of a possible bank account administered by Kathy -4- r Wisner as alleged agent under Power of Attorney. Golden Living Center is without a copy of the alleged Power of Attorney instrument or knowledge concerning the balance, if any, held in such accounts. 12. To Golden Living Center's knowledge, the Alleged Incapacitated Person has Social Security income in the amount of $1,271.90 per month, for which Social Security has appointed Golden Living Center as representative payee; and a Pension in the amount of $131.00, for which Golden Living Center has sought appointment as payee. 13. Upon information, the Alleged Incapacited Person previously owned real estate located at 35 Scarsdale Drive, Camp Hill, Pennsylvania, which according to government sources was transferred to her daughter and alleged agent under Power of Attorney Kathy Wisner in March of 2012. 14. Golden Living Center believes, and therefore avers, that the potential for conflict with regard to issues of the identity of guardian and of incapacity are minimal, as: the medical evidence is uncontroverted; the Alleged Incapacitated Person is cognitively impaired; and Golden Living is acting as Representative Payee. Golden Living Center does not know whether the Alleged Incapacitated Person's other known relatives have any objection to the relief requested herein. 15. Due to the Alleged Incapacitated Person's general medical conditions, it is believed that the Alleged Incapacitated Person's treating physicians would likely find that his/her presence in court would be harmful and detrimental to his/her physical or mental condition. WHEREFORE, your Petitioner respectfully requests the appointment of a permanent plenary guardian of the person and estate and that a Citation be issued directed to the Alleged Incapacitated Person to show cause why she should not be adjudged incapacitated and why a permanent plenary guardian of her person and estate should not be appointed. -5- '~ TUCKER ARENSBERG, P.C. By _ _ Aaron C. Jackso Pa. I.D. #200490 Nora Gieg Chatha Pa. I.D. #200446 Tucker Arensberg, P.C. Firm #287 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 (717) 234-4121 BANK FIN:445704-1 026135-158252 1 • VERIFICATION I , ~~ l ~~ iz~r ~'~ ~-. for Golden Living Center state, that the facts contained in the foregoing Petition are true and correct to the best of my knowledge, information and belief. This Verification is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. GOLDEN LIVING CENTER Print Name: Title: ~ e, - Dated: / , 2013