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Home My WebLink About09-23-13 o' IN RE: DIANA L. FENTON PATE : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, : PENNSYLVANIA ORPHANS' COURT DIVISION An alleged incapacitated person : NO. a 13 - jo2 2 On the Petition of THOMAS P. PATE " c5 m -'' -� r•, ca N CID PETITION FOR APPOINTMENT OF GUARDIAN OF THE, - - PERSON AND ESTATE OF AN ALLEGED INCAPACITATVD-PERSON -} TO THE HONORABLE PRESIDENT JUDGE OF SAID COURT: NOW COMES,Petitioner,THOMAS P. PATE,of 5034 Erbs Bridge Road,Mechanicsburg, Pennsylvania 17050, by and through his attorney, Linda J. Olsen, Esquire, and files the within Petition for the Appointment of Guardian of the Person and Estate of an Alleged Incapacitated Person, and in support hereof, avers as follows: 1. DIANA L. FENTON PATE, the alleged incapacitated person, currently resides at 5034 Erbs Bridge Road, Mechanicsburg, Pennsylvania 17050. 2. DIANA L. FENTON PATE is fifty-nine (59) years old, her date of birth being November 5, 1953. 3. DIANA L. FENTON PATE has no children. 4. DIANA L. FENTON PATE is not a patient in a mental hospital. 5 The Petitioner is DIANA L.FENTON PATE's husband,THOMAS P.PATE,of 5034 Erbs Bridge Road, Mechanicsburg, Pennsylvania 17050. 6. The name and address of the person who would be the intestate heir(or next of kin)of DIANA L. FENTON PATE is her husband: THOMAS P. PATE, (Petitioner/spouse), 5034 Erbs Bridge Road, Mechanicsburg, Pennsylvania 17050. 7. DIANA L.FENTON PATE and THOMAS P.PATE were married on September 22, 2001. 8. The name and address of the person or institution providing residential services to DIANA L. FENTON PATE are as follows:None. 9. The names and addresses of other service providers are as follows: Home Instead, 5002 Lenker Street, Suite 101,Mechanicsburg,Pennsylvania 17050 and Gentiva Horne Health and Hospice, 4660 Trindle Road, Suite 204, Camp Hill, Pennsylvania 17011. 10. DIANA L. FENTON PATE's primary physician is: Dr. Charles L. Lowe, M.D., Silver Creek Family Health Center,310 Lambs Gap Road,Mechanicsburg,Pennsylvania,(717)591- 1425. 11. DIANA L.FENTON PATE was not a member of the Armed Services of the United States nor is she receiving benefits from the United States Veterans Administration. 12. The Petitioner asks that be, THOMAS P. PATE, be appointed as Guardian of the person and estate of DIANA L.FENTON PATE. The proposed guardian is the spouse of DIANA L. FENTON PATE. 13. The proposed guardian has no interests that are adverse to the interests of DIANA L. FENTON PATE. 14. Petitioner believes,and therefore avers,that no Court has ever assumed jurisdiction in a proceeding to determine whether DIANA L. FENTON PATE is incapacitated. 15. Petitioner believes, and therefore avers, that DIANA L. FENTON PATE has not previously had a guardian appointed,nor is a guardianship hearing pending in any other jurisdiction. 16. The reasons why this guardianship is being sought are as follows: DIANA L. FENTON PATE is unable to manage her financial affairs or to make decisions regarding health care/medical decisions, due to Frontal Temporal Dementia. 17. The functional limitations and physical and mental condition of DIANA L.FENTON PATE are: DIANA L.FENTON PATE is not able to manage her financial affairs,nor is she able to make competent decisions as far as her welfare is concerned. DIANA L. FENTON PATE is non- verbal,bed bound,non-ambulatory,incontinent,and requires around-the-clock care and assistance with all of her activities of daily living. 18. DIANA L. FENTON PATE's care is being paid for by the Petitioner. Petitioner needs to have access to DIANA L. FENTON PATE's solely owned assets so the funds can be utilized for care expenses which are approximately Fifty Thousand Dollars ($50,000.00) to Sixty Thousand Dollars ($60,000.00) annually. 19. The following steps have been taken,in order to find less restrictive alternative to the appointment of a guardian: DIANA L. FENTON PATE does not have the capacity to execute a power of attorney. No less restrictive alternatives are available to adequately provide for the physical and financial care of DIANA L. FENTON PATE. 20. The Petitioner requests that the guardian be granted powers to act for DIANA L. FENTON PATE in the following specific areas: financial management,the ability to sell or transfer real estate, and medical and health care affairs including care and placement decisions,access to all medical records, including psychiatric records, and the power to make all decisions regarding medical treatment and life support. 21. Petitioner also requests that he,in his capacity as plenary Guardian of the Person and Estate of DIANA L. FENTON PATE, have the power and authority to serve as personal representative for DIANA L. FENTON PATE for all purposes of the Health Insurance Portability and Accountability Act of 1996,(Pub.L.104-191),45 CFR Sections 160 through 164,including but not limited to full authority to review her medical records and to execute releases of confidential information from medical providers and insurers or other third party payors. 22. The proposed guardian has the following qualifications: The proposed guardian is the spouse of DIANA L. FENTON PATE. The proposed guardian loves and cares for DIANA L. FENTON PATE. 23. DIANA L.FENTON PATE's assets total approximately Five Hundred Thirty-Eight Thousand Dollars($538,000.00)titled in her sole name and approximately Three Hundred Seventy- Six Thousand Dollars ($376,000.00) titled jointly with Petitioner/spouse, THOMAS P. PATE. 24. DIANA L.FENTON PATE's net income from a Federal Government pension totals approximately Two Thousand Six Hundred Seventy-Four Dollars ($2674.00) per month. WHEREFORE, Petitioner respectfully requests that the Court,pursuant to Section 5511 of the Probate,Estates and Fiduciaries Code,issue a Citation to DIANA L.FENTON PATE,DIANA L. FENTON PATE's next of kin, and to such other persons as the Court directs, to show cause why DIANA L. FENTON PATE should not be adjudged to be an incapacitated person and a plenary guardian of her person and estate be appointed. Respectfully Submitted, HAZEN ELDER LAW Az'v� Date By: in a J. OlseW, Esquire PA ID No. 92858 2000 Linglestown Road Suite 202 Harrisburg,PA 17110 (717) 540-4332 lolsen @hazenelderlaw.com COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN On this, the day of Je�t17 2013, before me, the undersigned officer, personally appeared THOMAS P. PATE who,being duly sworn according to law, does depose and say that the facts set forth in the foregoing Petition are true and correct to the best of his knowledge, information and belief. IN WITNESS WHEREOF, I hereunder set my hand and official seal. THOMAS P. PATE SWORN to and subscribed before me this day of 2013. a1 Pu lic COMMONWEALTH OF PENNSYLVANIA Notarial Seal „_ {••. _ Linda 1.0isen,Notary Public Susquehanna TWO.,Dauphin county ' p. My commission Expires Oct.17,2016 IN RE: DIANA L. FENTON PATE : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : ORPHANS' COURT DIVISION An alleged incapacitated person : NO. On the Petition of THOMAS P. PATE VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 PA.C.S. § 4904, relating to unsworn falsification to authorities. 7 THOMAS P. PATE IN RE: DIANA L. FENTON PATE : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, : PENNSYLVANIA ORPHANS' COURT DIVISION An alleged incapacitated person : NO. On the Petition of THOMAS P. PATE CONSENT TO APPOINTMENT AS GUARDIAN 1. The name of the proposed guardian of the person of DIANA L. FENTON PATE is THOMAS P. PATE. 2. The name of the proposed guardian of the estate of DIANA L. FENTON PATE is THOMAS P. PATE. 3. The proposed guardian speaks, reads and writes the English language. 4. The proposed guardian does not have an interest adverse to the alleged incapacitated person. 5. The proposed guardian is retired. 6. The proposed guardian is not a fiduciary, or officer or employee of a corporate fiduciary of an estate in which the alleged incapacitated person has an interest;and is not the surety, or officer or employee of a corporate surety of such fiduciary. Dated: Zc/ THOMAS P. PATE