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Home My WebLink About10-17-13 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA �� ORPMANS' COURT ��ION `� � � IN RE: �,::� �-:� �-- � No. �f 20'� �.�� ANDYE R. REINHARD, � =`=» �� a� � `v�.,� . .+„J � � � An Alleged Incapacitated Person. � 4 ��` _,:� fa � ��.., ;.., -�-, � -+� -� .....y ��..�� _ � PETITION FOR APPOINTMENT OF GUARDIA �-=� �.� �j `J � � -� r~ �, C�..) � � � TO THE HONORABLE, THE JUDGES OF SAID COURT: CLA RE BENNETT, BUSINESS OFFICE MANAGER, GOLDEN LIVING CENTER-WEST "Golden Livin Center")files this Petition for Appointment of Emergency Guardian of SHORE ( 9 nent Plena Guardian of Person under and pursuant to the Probate the Person and Perma rY Es tates and Fiduciaries Code of 1972, 20 Pa. C.S. A. §§ 5501, et seq., as amended, and respeetfully represents as foliows: 1. CANDYE R. REINHARD (the "Aileged Incapacitated Person") is a sixty- three (63) year oid female born on March 31, 1950. 2. The Alieged Incapacitated Person currently resides at Golden Living t r-West Shore, with an address of 770 Poplar Church Road, Camp Hill, Pennsylvania Cen e 17011, following initial admission on or about May 12, 2008. 3, Upon information, prior to her admission to Golden Living Center, the Alle ed tncapacitated Person resided with her mother at 84 Hillside Circle, Camp Hill, 9 Pennsylvania, 17011. 4, Upon information, the Alleged Incapacitated Person is widowed and has he f Ilowin known relatives (including spouse, parents, and presumptive adult heirs, as t p 9 applicable): N_ Relationship Address Joann McClain Mother--Deceased 84 Hillside Circle Camp Hill PA 17011 � �- Name Relationshi Address Irvin McClain Father--Deceased 84 Hili HilePAr1I7011 Camp 84 Hillside Circle Robe rt Reinhard Husband--Deceased Camp Hiil PA 17011 5 The following persons or institutions provide the listed services to the Alieged Incapacitated Person: Address Service N- � Poplar Church Road Residential Skilled Golden Living Center Camp Hill, PA 17011 Nursing Services West Shore 550 Brandt Avenue Primary Care and Thomas Kunkle, M.D. Attending Physician New Cumberland, PA 17070 AlixaRx 1041 Washington Pike Prescriptions Bridgeville, PA 15017 6. The Alleged Incapacitated Person's physicians, including Dr. Thomas have dia nosed her physical and mental condition as including, inter alia, chronic Kunkle, 9 e dementia, anxiety, and depressive disorder. These physicians have opined that kidney diseas , Alle ed Incapacitated Person's functional limitations include an inability, without the care, the g ' 'on and the continued assistance of others, to satisfy requirements for nourishment, supervisi personal and m edical care, shelter, self-protection and safety, and the management of financial es and that the treatment rendered to date has been unsuccessful in significantly resourc , r mentioned conditions and functional limitations. A true and correct copy of a improving the afo e Letter from the physican's assistant, Michele M. Morgan, to Ms. Reinhard primary care physician is attached hereto as Exhibit A. - 2 - 7. The Alleged Incapacitated Person's physicians, including Dr. Thomas Kunkle, have advised that the Alleged Incapacitated Person requires dialysis to treat acute ' ne failure, without which she will not survive, but that the Alleged Incapacitated Person has kid y refu sed treatment. Upon information and belief, the Alleged Incapacitated Person's cognitive im airments preclude her from making an informed and rationat decision concerning the P medically necessary dialysis. g. Your Petitioner has been advised and believes that the Alleged Inca acitated Person's ability to receive and evaluate information effectively and to P ' te res onsible decisions is significantly impaired and currently preclude the Alleged communica p ' ated Person from independently attending to issues of inedical treatment, residential Incapacit care, and a II other matters concerning personal affairs and, also, any management of financial affairs. g. Your Petitioner requests the appointment of a guardian due to medical s chiatric information received (as set forth above), which information contributes to and p y ' ' ner's belief that the Alleged Incapacitated Person is totalty incapacitated within the Petitio meaning of 2 0 PA C.S.A. §§ 5501, et seq. with regard to matters concerning person and estate. 10. The Alleged Incapacitated Person was previously assisted by her mother, Joan n McClain, who passed away in or around September, 2012. Your Petitioner has conducted a p erson search on electronic databases to determine potential next of kin and will attempt to contact a family friend who previously visited the Alleged Incapacitated Person at Golden Living Center. Your Petitioner has not located any next of kin or friends involved in the Alleged Incapacitated Person's life. � 11. Your Petitioner has identified Keystone Guardianship Services, with an address of P .O. Box 804, Elizabethville, PA 17023, as emergency and potential permanent f the Alle ed Incapacitated Person's person (the "Proposed Guardian"). The plenary guardian o 9 i n has advised that it has no interest adverse to the Alleged Incapacitated Proposed Guard a - 3 - �.,,��„�, - w_„�-. .�_,. . . Person and is not a fiduciary in any estate for which the Alleged Incapacitated Person has an = interest. �2. Your Petitioner seeks emergency guardianship based on the belief that - irreparab le harm will be caused to the Aileged Incapacitated Person's person and estate without imm ediate action. Specifically, the Alleged Incapacitated Person's physical and personal would be reatiy jeopardized without an appropriate legal representative to consult wellbeing 9 with who is able to appreciate and understand the recommended treatment and consequences of declining it, and authorize and consent to medical treatment as appropriate. 13. Your Pe titioner has investigated less restrictive alternatives to the relief erein but such are not feasible due to the current situation and conditions described requested h , i ions reclude the making of voluntary, informed judgments by the Alleged above. Such cond t p 'tated Person regarding the management of personal or financial affairs. The relief I ncapaci req uested herein is believed to be the least restrictive available, in accordance with the recom mendation of the Alleged Incapacitated Person's physicians. Further, the Alleged Incapa citated Person's physicians have reported that her condition is not one which will markedly improve within seventy-two (72) hours. 14. To th e best of Petitioner's knowledge, information and belief, there is not now, nor ha s there ever been, a guardian appointed for the person or estate of the Alleged Incapacitated Person. 15. To the best of Petitioner's knowledge, information and belief, no court has an roceeding to determine the capacity of the Alleged ever assumed Jurisdiction in y p Incapacitated Person. 16. To the best of Petitioner's knowledge, information and belief, the Alleged Incapacitated wa s not a member of the Armed Services of the United States and is not receiving any benefits from the United States Veterans Administration. _4 _ �7. To you Petitioner's knowledge, the Alleged Incapacitated Person has an estimated gross estate of no or nominal value, as she has be�n receiving Medical Assistance n Term Care benefits since 2008, which is a mean-tested public benefits for impoverished Lo g P ersons. The Aileged Incapacitated Person has income in the amount of$997 per month in Social Security benefits, for which Golden Living Center is representative payee, and currently has $1,091.21 in her resident trust account. 1 g. Your Petitioner 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 unco ntroverted, the Alleged Incapacitated Person is cognitively impaired and inca acitated. Your Petitioner does not know whether the Alieged Incapacitated Person's known P elatives will have any objection to the relief requested herein as such relatives have not been r identified or reached to-date despite the efforts set forth herein. 1 g. Due to the Alleged Incapacitated Person's general medical conditions, it is be lieved that the Alleged Incapacitated Person's treating physicians would likely find that her P resence in court would be harmful and detrimental to her physical or mental condition. WHEREFORE, your Petitioner respectfully requests the appointment of enc uardian of the person and permanent plenary guardians of the person and that a emerg y g Citation be issu ed directed to CANDYE R. REINHARD to show cause why she should not be ad'ud ed incapacitated and why emergency and permanent, plenary guardians of her person 1 9 should not be appointed. TUCKER ARENSBERG, P.C. _. By 1�,�— Aaron C. Jackson, Esquire Pa. I.D. #200497 Kristen Lieb, Esquire Pa. I.D. #315373 Tucker Arensberg, P•C• — 2 Lemoyne Drive, Suite 200 — Lemoyne, PA 17043 (717) 234-4121 - 5 - � Iiving Golden Living Center West Shore October 16, 2013 770 Poplar Church Road Camp H�li, PA 17011 Phone 717-763-7070 Fax 717-763-7850 .._..M._..m..__�_.�.._...._._.______.._�_-_�..__..-�_. � To whom it may concern, Miss Candye Reinhard was admitted to Goiden Living West Shore on �lay 13, 2408. Miss Reinhard has diagnoses of diabetes, de ression cerebrovascular accident with right hemipiegia, aphas a, p and chronic kidney disease. In early Aprii 2t113, the resident's renal function worsened to the extent that she required renal dialysis. She is required to receive dialysis three times each week, but frequently i refuses; sometimes for up to two weeks at a time. He� renal failure� e chronic requiring continuous ca�e to survive. Discussions with C er y �e arding the consequences of refusing dialysis are expiained• H sed 9 S h e s e e m s t o b e c o m e c o n f u thou ght processes are d iso r g a n i z e d. t o d i a l s i s c o u l d r e s u l t i n h e r a t t i m e s. W h e n t o l d t h a t �e f u s a t t o g o Y de a t h s h e s t a t e s, "I w o n't d i e." She then chan ges the subject a�d fre uently asks for a soda. This demonstrates her inability to connect q the renal failure with the need to limit fluids especially when she is refusing dialysis. Her attention span is short with difficulty flnding appropriate words, irritability, anger and a lack of cooperatio s�odas if �o�peration can be achieved at times with offers of candy o she wilt comply• These factors indicate that Candye is not capable to make deGisions. I believe a �ua�dian wouid be extemety beneficial for this res�dent to ensure appropriate and timely care. �� y ou have any further questions piease feel free to contact me at Gotden Living West Shore. Sincerely, , Mor an DNP, MSN, FNP, GNP-BC/ Thomas Kunkle, DO Michele M. 9 , E.XH1�17' � � IIR��Il�lllllllpl��r�'��II�1111111�1A11 17^�P'i'Irl�""ml�Ti�T i i i - VERIFICATION 2SF 5�"0� ' �' �r�� enter state, that the �, �Q� �nn� , ��SineSS O� for Golden Living C 'n the fore oing Petition are true and correct to the best of my knowledge, facts contained i 9 'ef. This Verification is made subject to the penalties of 18 Pa. C.S. §4904 information and beli relating to unsworn falsification to authorities. GOLDEN LIVING CENTER `�� Prin Name:��r�- �� Titie:� .�.�,o<< �<p ' �.J Dated:�n,'�'� S�.,� f�' , 2013 C�NSE NT TO SERVE AS GUARDIAN OF THE PERSON AND ESTATE a CONSEN7 TO SERVE AS GUARDIAN = This is to certify that I, ON ��►►�IG4 e.�t'o�t4�the 'PRE S�1��'r of KEYSTONE GUAR DIANSHIP SERVICES and am unrelated to CANDYE R. REINHARD, the aileged incapacitated person. I have been informed that the alleged incapacitated person has tated in the Petition for Appointment of Guardian. I am authorized to state that the iliness s KEYSTONE G UARDIANSHIP SERVICES is wiliin9 to serve as guardian of the person and estate of CANDYE R . REINHARD if so appointed by the Court. I aiso certify that a representative of KEYST ONE GUARDIANSHIP SERVICES will be present during the hearing for determinat ion of the aileged incapacitated person's capacity and the appointment of a guardian. KE YSTONE GUARDIANSHIP SERVICES has no interest adverse to that of the d erson and is not a fiduciary of any estate, trust or similar fund in which alleged mcapacitate p the alleged incapacitated person has an interest. � KEYSTONE GUARDIANSHIP SERVICES �i�L By: ��--__--- Name: 7 Title: Dated: �� /� , 2013