Loading...
HomeMy WebLinkAbout09-10-13 F 1FtLEStC6emsti3ib9 Ockeril}509.1 ll35NA Nwi.to Amend Guardianship wpd C ^ C,.iM 9/9/13 11'.57" 135091 George B. Faller, Jr., Esquire I.D. No. 49813 { x MARTSON DEARDORFF WILLIAMS OTTO GILROY& FALLER MARTSON LAW OFFICES v 10 East High Street Carlisle, PA 17013 (717) 243-3341 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: Petition for Guardianship NO. 21-09-0695 of William Herbert Ocker ORPHANS' COURT DIVISION PETITION TO AMEND GUARDIANSHIP OF WILLIAM H OCKER FROM PLENARY TO LIMITED 1- The Petitioner,Kimberly Sue Ocker,is an adult individual residing at 730 Mountain Road, Newville, Pennsylvania 17241. 2. Kimberly Sue Ocker is the wife of William Herbert Ocker, the parties having been married on May 3, 1986, 4. William H. Ocker was injured in a truck accident on June 22, 2009. As a result of injuries sustained in that crash, William H. Ocker was in a coma and his ability to receive and evaluate information effectively and communicate decisions in any way was severely impaired. 5. On September 11, 2009 this Court adjudged William H. Ocker an incapacitated person and appointed Kimberly S. Ocker as permanent and plenary guardian of his estate. 6. Since that time, William H. Ocker's ability to receive and evaluate information and effectively communicate decisions has significantly improved and his family doctor deems it no longer necessary for him to have a plenary guardian, (See attached affidavit of Jason Galicia, M.D..) 7. William H.Ocker's family doctor believes that Kimberly S. Ocker should continue as William H. Ocker's limited guardian. (See attached affidavit of Jason Galicia, M.D..) S. The Honorable Judge Kevin Hess previously presided over the proceeding to appoint a guardian for William H. Ocker. WHEREFORE, the Petitioner Kimberly S. Ocker requests that the Court amend the Guardianship of William H. Ocker from plenary to limited. MARTSON LAW OFFICES By Ge4N8�1 er, Jr., Esquire I.D3 10 East H igh Street Carlisle, PA 17013 (717) 243-3341 Date: 9110113 Attorney for Petitioner Kimberly Sue Ocker f _ C,ntedS9120/04 006P0ckad13509.i{t350)tnRidavltgaticin.wptllmns Created' 9/20/04 11 HM Revised: 7/22/11 tL11AM 0509.1 George B. Faller, Jr., Esquire I.D. No. 49813 MARTSON DEARDORFF WILLIAMS OTTO GILROY &FALLER MARTSON LAW OFFICES 10 East High Street Carlisle,PA 17013 (717) 243-3341 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: Petition for Guardianship NO. 21-09-0695 of William Herbert Ocker ORPHANS' COURT DIVISION AFFIDAVIT OF JASON GALICIA M.D. IN SUPPORT OF PARTIAL REMOVAL OF GUARDIANSHIP OF WILLIAM OCKER I, Jason Galicia, M.D., hereby swear and affirm the following: 1. William Ocker has been a patient of mine since January 26, 2011. When he transferred from another family physician because of dissatisfaction with his care. 2. Mr. Ocker's medical history began with a truck crash in 2009 with prolonged extraction where he suffered a diffuse axonal injury,subdural hemorrhage,subarachnoid hemorrhage and spinal cord injury. 3. At the time of that initial exam on January 26,2011,Mr.Ocker was wheelchair bound and aphasic. Aphasia involves the partial or total loss of the ability to articulate ideas or comprehend spoken or written language resulting from a damage to the brain caused by injury. I continued to follow Mr. Ocker in the Spring of 2011 and on May 5, 2011, his status was stable, he had been taking medications regularly and had been doing well with speech and occupational therapy. 4. During this time, I had coordinated referrals for a neurologist and psychiatrist throughout the spring and summer of 2011. Mr. Ocker had complications from kidney stones and infections and as of my exam of August 29, 2011, Mr. Ocker was still aphasic and would open his eyes, was alert, and then go back to sleep. 5. 1 received an outpatient report from Dr. Thomas Watanabe, Clinical Director of the Drucker Brain Injury Center. Dr. Watanabe reported that as of the Summer of 2010, Mr. Ocker's speech had improved to multiple sentences and ability to participate in conversation. At that time, • 3 he was beginning to feed himself with some finger foods and was able to notify his family when he needed to urinate or have a bowel movement. 6. Dr. Watanabe reported that Mr. Ocker's situation was complicated by the fact that he had multiple surgeries and that his condition had declined from the Summer of 2010 until June 2011 and recommended in-patient rehabilitation for thorough evaluation and intensive rehabilitation. T I also received an April 25, 2011 report from Xi Lin, M.D., a neurologist in Gettysburg. Dr. Lin reported that Mr. Ocker lost most of his language after developing urosepsis in December of 2010,but still had no difficulties in understanding spoken language. He also reported that overall the patient seemed to be confused and more anxious. 8. Mr. Ocker presented to me for followup on August 24, 2012. At that time,he had just finished I 'h months of rehabilitation at the Drucker Brain Center in Philadelphia. At that time, he had significant improvements in the following fields:feeding,speech,and motivation,as well as his specicity. At the time of that August 24, 2012 appointment, the patient's wife, Kimberly,had assumed the role of William's 11ill-time care giver. 9. 1 have continued to follow Mr. Ocker as his family physician and coordinate his care with the various specialists. 10. Although Mr.Ocker is still limited,verbally he does understand the spoken word and can communicate. 11. I believe that Mr. Ocker should continue to have a limited guardian for his person since he is wheelchair bound and his activities of daily living require complete care. 12. I also believe it would be appropriate to limit his guardianship to the person and allow his wife to act as Power of Attorney or trustee for his medical needs based on my observations of him over the past two years. Jason ahcia, M.D. Sworn to and subscribed before me this_23�d day of )u _ 2013 n Notary Public MO P YV Notarial Seal Carolyn Campbell,Notary Public Chambersburg 8oro,Franklin County May f 7. My Commission Expires X15 VERIFICATION The foregoing Petition is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge,information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. i berly Ocker F,TILFS\CIients\13509 Ocke613509.1\13509.I.Pewion to Amend Guardianship.wpd