Loading...
HomeMy WebLinkAbout02-08-05 INRE: AN ALLEGED INCAPACITATED PERSON, ELIZABETH ANN ELLIS : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA ORPHAN'S COURT DIVISION NO. ) 5 - I ^ d- PETITION FOR ADJUDICATION OF INCAPACITY AND APPOINTMENT OF PLENARY GUARDIAN OF THE ESTATE AND PERSON IN ACCORDANCE WITH 20 Pa.C.S.A. ~ 5511 The petitioner, JACQUELINE A. ELLIS. by and through her attorneys. Salzmann Hughes, pc, respectfully represents the following: 1. Petitioner, JACQUELINE A. ELLIS, is an adult individual whose principal residence is 1924 Esther Drive. Carlisle, Pennsylvania 17013. 2. Petitioner is the mother of ELIZABETH ANN ELLIS (hereinafter the "alleged incapacitated person"). 3. The alleged incapacitated person was born on October 27. 1986. is 18 years of age. unmarried, and currently resides at Health South Rehabilitation of Mcchanicsburg. located in Cumberland County. Pennsylvania. 4. The alleged incapacitated person was transferred to said facility on or about January 14. 2005. following a motor vehicle accident occurring on December 18. 2004. Prior to that time she resided at home with her mother. Jacqueline A. Ellis. at 1924 Esther Qrive. Carlisle. Pennsylvania 17013. 5. To the best of Petitioner's knowledge. information and belief.' the alleged incapacitated person is not survived by a spouse or children. oc\/ '" -) ''- 6. To the best of Petitioner's knowledge, information and bclicf. thc only living ncxt-of-kin of the allcged incapacitated person is: Jacquelinc A. Ellis (mother) 1924 Esther Drivc Carlisle. PA 17013 7. The only institution currently providing residential serVIces for the alleged incapacitated person is Health50uth Rehabilitation of Mechanicsburg, located at 4950 Wilson Lane, Mechanicsburg, Pennsylvania 17055. 8. To thc best of Petitioner's knowledge, information and belief: the alleged incapacitated person has a savings account with a balance of approximately $267.00. 9. Petitioner estimatcs the alleged incapacitated person's monthly income to be $267.00, an 551 survivor bcnefit set to discontinue on June 3, 2005. 10. The alleged incapacitated person is prcsently in an unresponsive state resulting from the injuries she sustained in the motor vchicle accident. A true and corrcct copy of a lcttcr dated Fcbruary 4, 2005, from the alleged incapacitatcd person's treating physician, Peter Brier, M.D.. of Internists of Central Pennsylvania is attached hereto and incorporated herein as Exhibit "A." 11. As stated by Dr. Brier in Exhibit "N', because of her impaircd physical and mental condition. the alleged incapacitated pcrson lacks the ability to care for herselL to efTectively receive and evaluate information. As such. shc lacks the ability to make responsible decisions concerning hcr care and meet essential requircments for her physical health and safety. 12. As stated by Dr. Brier. in Exhibit "A:' the alleged incapacitated person is "totally dependent upon nursing and other caregivers. and completely unable to care for herself for her activities of daily living:' 13. Dr. Brier also stated in Exhibit "A" tbat he does not expect the alleged incapacitated person's condition to change in the near future. 14. Because she is unresponsive. the alleged incapacitated pcrson is totally unable to managc her financial affairs and resources, and is totally unable to make and communicate responsible decisions rclating thcreto. 15. The scverity of the alleged incapacitated person's physical condition neccssitates that a plenary guardian of her person be appointed to handle all issues rclating to the alleged incapacitated person. specifically including, but not limited to: her living arrangements. hcr medical care. the administration of medication to her. and the employment and discharge of physicians, dentists, nurses, therapists and other professionals for her physical and mental treatment and care. 16. The severity of the alleged incapacitated pcrson's physical condition necessitates that a plenary guardian of her estate be appointed to handle all aspects of the alleged incapacitated person's estate. specifically including. but not limited to: all issues rclating to her cash. checks, and any bank or savings accounts hcld in her name. her personal property. her cntitlemcnt to any governmental and nongovcrnmental bcnefit plans. federal. state. and local taxes. claims made or to be made on behalf of her or against her. the exccution of any documents necessary and related to the above, and the entry into contracts affecting her as wcll as the payment of reasonable compensation or costs to provide services to hcr. 17. The proposed plenary guardian ofthe person and ofthe estate of the alleged incapacitated pcrson is Petitioner. JACQUELINE A. ELLIS. whose principal residence is 1924 Esther Drive. Carlisle. Pennsylvania 17013. 18. Petitioner. the proposed plenary guardian of the person and of the estate of the alleged incapacitated person is her mother and has no interest adverse to the alleged incapacitated person. 19. The consent or the Petitioner as the proposed plenary guardian is attached hereto and incorporated herein as Exhibit "B" 20. No other court has ever assumed jurisdiction in any proceeding to determine the capacity of the alleged incapacitated person. WHEREFORE, Petitioner respectfully requests that this Court award a citation directed to ELIZABETH ANN ELLIS. the alleged incapacitated person and to such other persons as this Court may direct. to show cause why ELIZABETH ANN ELLIS should not be adjudged a fully incapacitated person. and Petitioner appointed plenary guardian of both her person and her estate. Respectfully Submitted. SALZMAN'N HUGHES PC ! ~ I Dated: 'J---./ t/O~ J~Jj~ D,~ Susann B. Morrison. Esquire Supreme Court I.D. # 77041 95 Alexander Spring Road. Suite 3 Carlisle. l' A 17013 (717) 249-6333 Attorney for Petitioner CONSENT OF GUARDIAN TO APPOINTMENT I, JACQUELINE A. ELLIS, hereby consent to act as the Guardian of the Estate and Person of ELIZABETH A. ELLIS. I reside at 1924 Esther Drive, Carlisle, Cumberland County, Pennsylvania, and am the mother of ELIZABETH A. ELLIS. I am a citizen of the United States of America and can speak, read and write the English language. I have no interest adverse to ELIZABETH A. ELLIS, the alleged incapacitated person. /j /' . 7l0~tN'A/Y)-P (/ ~ ~ . .,IA ELINE A. ELLIS Date: January 28, 2005 VERI FICA nON The foregoing document is based upon infom1ation that has been gathered by my counsel and myselfin the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. S 4904, relating to unsworn falsification to authorities. <--~. ;'J . .k."-/YJ ~ 1..r f-' ~ u _ . C ( acqueline A. Ellis . ().[-~~~ - Date: .:) - 7- ()!..J