HomeMy WebLinkAbout04-17-14 IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,PENNSYLVANIA
ORPHANS' COURT DIVISION
O.C.NO. 2�- ►N-375
IN RE: ANNA BOWER RECORDED OFFICE OF .
AN ALLEGED INCAPACITATED PERSON R E C I S1 ER 0 F 1,1 i LL$°
2019 Ron 17 Pal 3 31 ,
PETITION FOR ADJUDICATION OF INCAPACITY AND APPOINTMEI�,'L QF
PLENARY GUARDIAN OF THE ESTATE
PURSUANT TO 20PA.C.S.45511 GRPNANS' COURT
CU1;;#CEfLt:°iG CO„ PA
TO THE HONORABLE JUDGE OF SAID COURT:
The Petitioner, Jill Pierce, by and through her attorney Eric J. Bialas, Esquire, and
Hynum Law, presents the following Petition to this Honorable Court for the appointment of a
permanent plenary guardian of the Estate of ANNA BOWER, an alleged incapacitated person,
and in support thereof avers as follows:
1. Jill Pierce (hereafter"Mrs. Pierce" or "Petitioner") is the daughter of the alleged
incapacitated person. Jill Pierce resides at 2000 Highland Circle, Camp Hill, PA 17011.
2. ANNA BOWER (the "alleged incapacitated person" or "AIP") was born on June 6, 1930,
is 83 years of age, and currently resides at Sara Todd Nursing Home in Carlisle Pennsylvania.
She has been a resident at Sara Todd since July of 2013.
3. Petitioner is an interested party because ANNA BOWER, the alleged incapacitated
person, is her mother.
4. Because the alleged incapacitated person resides in Cumberland County, this court has
jurisdiction pursuant to §711(10) of Title 20, the Probate, Estates and Fiduciary Code, of the
Pennsylvania Consolidated Statutes.
5. The alleged incapacitated person has the following next of kin:
I(fY)
Jill Pierce
2000 Highland Circle
Camp Hill, PA 17011
Daughter/Power of Attorney
Sandy Conner
1060 Thunderhill Rd
Lincoln University, PA 19352
Daughter
Jack Bower
245 Riverview Rd
King of Prussia, PA 19406
Son
6. The alleged incapacitated person executed a Medical Power of Attorney on November
11, 2010 designing Jill Pierce as agent. A true and accurate copy of the Medical Power of
Attorney is attached as Exhibit "A".
7. The alleged incapacitated person executed a hand written General Power of Attorney on
January 2, 2012 designing Jill Pierce as her agent. A true and accurate copy of the General
Power of Attorney is attached as Exhibit`B".
8. To the extent known by Petitioner, the alleged incapacitated person's income consists of
monthly social security payments in the gross amount of$1,567.90.
9. The alleged incapacitated person is a recipient of Medical Assistance.
10. To the best of Petitioner's information, knowledge, and belief, the alleged incapacitated
person was not a member of the armed services of the United States and is not receiving benefits
from the United States Veterans' Administration.
11. To the extent known by Petitioner, the alleged incapacitated person's only asset is a life
estate in 2000 Highland Circle, Camp Hill, PA 17011, with Petitioner owning the remainder.
12. In the course of her duties as Power of Attorney for ANNA BOWER, Petitioner has
attempted to use the financial PoA (Exhibit B) on Ms. Bower's behalf. Notably, in the attempt to
obtain refinancing on the properly located at 2000 Highland Circle, the financial PoA was held to
be invalid.
13. Due to the invalidity of the financial PoA, there is no legal mechanism in place to
manage ANNA BOWER'S finances. As such, there is a need for appointment of a Guardian of
the Estate to properly handle and manage ANNA BOWER'S finances.
14. The alleged incapacitated person's treating physician is:
Dr. George Branscum
77 Nelson Drive
Carlisle, PA 17015
717- 243-2863
15. The alleged incapacitated person suffers from: Dementia. Attached hereto as Exhibit "C"
please find a completed Physician's Affidavit for the AIP by Dr. Branscum.
16. Because of her mental and physical condition, the alleged incapacitated person is totally
unable to manage her financial affairs, property, and business and to make and communicate
responsible decisions relating thereto, including the ability to communicate her need for
assistance in these areas.
17. Petitioner has analyzed viable alternatives to the appointment of a Guardian for the AIP,
and has not pursued any other courses of action as it is the belief that no other options exist other
than to appoint a Guardian of the Estate.
18. The severity of the alleged incapacitated person's mental and physical condition and the
lack of viable, less restrictive alternatives necessitate that a plenary guardian of her Estate be
appointed to manage and handle all aspects of the alleged incapacitated person's estate,
specifically, but not limited to: all issues relating to cash, checks, bank savings, stocks, bonds,
personal property, real property, insurance policies, government entitlements, taxes, execution of
documents, entry in contracts and the payment of reasonable compensation for services provided
to the person.
19. The proposed Guardian is Jill Pierce. The consent of the proposed plenary guardian is
attached hereto as Exhibit "D".
20. Given ANNA BOWER'S Medical and General Powers of Attorney, it was her intent to
have Jill Pierce manage all affairs of her estate, and as such, Petitioner is best suited to handle
this appointment.
21. No other guardian has been appointed for the estate of the alleged incapacitated person.
22. Pursuant to Section 5122 (d), Title 20, of the Pennsylvania Consolidated Statutes, the
Court may dispense with the requirement of a bond when for cause shown the Court finds that no
bond is necessary.
23. Petitioner further requests that this Court appoint a guardian ad litem on ANNA
BOWER'S behalf in order to oversee the refinancing of the property owned at 2000 Highland
Circle, as Ms. Bower has a life estate in that property, and the proposed guardian is seeking
refinancing which shall require Ms. Bower's signature.
WHEREFORE, Petitioner respectfully requests that this Honorable Court issue a Citation,
directed to the alleged incapacitated person, with notice thereof to be given to her next of kin,
Sara Todd Nursing Home, and to such other persons as this Court may direct, to show cause why
ANNA BOWER should not be adjudged fully incapacitated and JILL PIERCE should not be
appointed plenary guardian of her estate.
Respectfully submitted,
HYN F� W
r
Eric J. Bialas, Esquire
Pa. Supreme Court I.D. No. 312326
Hynum Law
2608 North 3rd Street
Harrisburg, PA 17110
(717) 774-1357 office
(717) 774-0788 fax
Ebialas Qahynumpc.com
Attorneys for Petitioner
VERIFICA'T'ION
I, .Ti f L/ 1`erc e..Petitioner, and do hereby verify that the facts contained in the
i
foregoing Petition are true and correct to be best of my knowledge,information and belief. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A.§4904
relating to unsworn falsification to authorities.
Dated: �Z,IYII Y — =
Medical Power of Attorney for Anna M. Bower
Effective Upon Execution:
I,Anna M.Bower,a resident of 2000 Highland Circle,Camp Hill,PA, ; Social Security
Number designate my daughter Jill Pierce,presently residing 2000
Highland Circle,Camp Hill,PA,telephone number 717.303.0160 as my agent to make
any and all health care decisions for me,except to the extent I state otherwise in this
document. For the purposes of this document, "health care decision" means consent,
refusal of consent,or withdrawal of consent to any care,treatment,service,or procedure
to maintain,diagnose,or treat an individual's physical or mental condition. This medical
power of attorney takes effect if I become unable to make my own health care decisions
and this fact is certified in writing by my physician.
Limitations:As described in my Living Will.
Inspection and Disclosure of Information Relating to My Physical or Mental Health:
Subject to any limitations in this document,my agent has the power and authority to do
all of the following:
I. Request,review, and receive any information,verbal or written, regarding my
physical or mental health, including,but not limited to,medical and hospital
records;
2. Execute on my behalf any releases or other documents that may be required in
order to obtain this information;
3. Consent to the disclosure of this information.
Additional Powers: Where necessary to implement the health care decisions that my
agent is authorized by this document to make,my agent has the power and authority to
execute on my behalf all of the following:
1. Documents titled or purporting to be a"Refusal to Permit Treatment"and
"Leaving Hospital Against Medical Advice";
2. Any necessary waiver or release from liability required by a hospital or physician.
Duration: This power of attorney exists indefinitely from its date of execution,unless I
establish herein a shorter time or revoke the power of attorney.
Alternative Agents:In the event that my designated agent becomes unable,unwilling,or
ineligible to serve,I hereby designate my daughter Sandy Conner,presently residing at
1060 Thunderhill Road,Lincoln U.PA.,telephone number 610.869.8762 as my as my
first alternate agent, and my son,Jack E. Bower,presently residing at 245 Riverview
Road,Kind of Prussia,PA,telephone number 484.744.5650 as my as my second alternate
agent.
EXHIBIT
i
Prior Designations Revoked: I revoke any prior Medical Power of Attorney.
Location of Documents:
The original copy of this Medical Power of Attorney is located at 2000 Highland Circle,
Camp Hill,PA with my daughter Jill Pierce.
Signed copies of this Medical Power of Attorney have been filed with the following
institution: Holy Spirit Hospital,503 North 20 Street,Camp Hill,PA 17011,phone
number 717.763.2100.
I sign my name to this
s Medical Plower of attorney on the date of
``
at. /"l zy S`Jr a r/' HOS P r4 L . .
NAME
Statement of Witnesses
I hereby declare under penalty of perjury that the person who signed or acknowledged
this document is personally known to me(or proved to me on the basis of convincing
evidence)to be the principal,that the principal signed or acknowledged this durable
medical power of attorney in my presence,that the principal appears to be of sound mind
and under no duress,fraud,or undue influence. I am not the person appointed an agent by
this document. I am not related to the principal by blood,marriage,or adoption.I would
not be entitled to any portion of the principal's estate on the principal's death.I am not the
attending physician of the principal or an employee of the attending physician. I have no
claim against,any portion of the principal's estate on the principal's death.Furthermore,if
I am an employee of a health care facility in which the principal is a patient, I am not
involved in providing direct patient care to the principal and am not an officer,director,
partner,or business office employee of the health care facility or of any parent
organ. 'on of a health care facility.
�11QZi( 1/fir C�4r'I''s
tness /
Subscribed and sworn to before me on--///'F-//0
Notary Public, [COUNTY,STATE]
My commission expires 5//2 0/3 rte_
COMMONWE TART pF.NNSYLVAN-q
EtO 'lZlptlySendx�uosSlwwoO NOTARIAL SEAL
unoD a>Pe ed'dwl roup¢a JACK E.BOWER,Notary Public
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EXHIBIT
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JL�bS� rlbeoL and sworn b�_--Qore me o.n 1f a 'aoIa
No ka r V 1 U b'IC, I COMMONWEALTH OFPENNBYLVY
f NOTAR�gI SEAL "- _1
JACK E.BOWER,Notary pel�1e o"�J
M R�adr'nr�Twp•,Delaware County
� 21 2013
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,PENNSYLVANIA
ORPHANS' COURT DIVISION
O.C.NO.
IN RE. ANNA M.BOWER
AN ALLEGED INCAPACITATED PERSON
DEPOSITION BY INDIVIDUAL QUALIFIED IN
EVALUATION OF ALLEGED INCAPACITATED PERSON
The deposition of Dr. George Branscum, a witness in this matter, made on the
2S dayof tv.+oaw 2014, at Pennsylvania.
1. What is your name and your professional address?
A. My name is Goo A Cdr ihSCuY r*.,
My professional address is
GzrivaK, f'h t�tats
2. Please describe your education, training and background with particular
emphasis on your expertise in evaluating individuals with incapacities. If you
prefer to do so, please attach curriculum vitae to these interrogatories that details
this information.
A. (Cross out the answer that does NOT apply.)
(a) My curriculum vitae detailing this information is attached.
(b) I received my college degree at Uff(L utm\j asI6
and my post graduate training at UxNtyclyf� q ta��i-44zs,
and I have practiced
(e.g. medicine, psychiatry, psychology, gerontological social
work, etc.) since I l My special qualifications and
EXF1ISIT
training with respect to evaluating persons with incapacities
consists of 3,a yW'l Exm., V"-
LZM gQ r4l1nJt1 Noh PtTL"'
,A�v Q-'�wk
3. In what states are you licensed to practice medicine?
A. I am licensed to practice medicine in the following states:
4. In your capacity as (e.g. physician, psychologist, social worker, etc.) have
you had the opportunity to meet with, examine, speak with and otherwise
become acquainted with ANNA M. BOWER and if so, upon what occasions and
in what fashion have you been able to do so?
A. I first became acquainted with ANNA M. BOWER
the month of A Q l-.,.t , 2013 , when she was
brought to my attention by means of 2,jv*y u u. ZU S z^ak
Tn a N U . I have since that time (visited / spoken with /
examined /treated) her on -7 other occasions with
an average frequency of times per f�. (day/
week / month /year).
5. To a reasonable degree of medical certainty, do you have an opinion as to
whether the ability of ANNA M. BOWER to receive and evaluate information
effectively and to communicate decisions is in any way impaired to such
significant extent that she is:
(a) partially unable to manager her financial resources; or,
totally unable to manage her financial resources.
Answer: Uw�4bte. To rt•,,, V.
6. To a reasonable degree of medical certainty, do you have an opinion as to
whether the ability of ANNA M. BOWER to receive and evaluate information
effectively and to communicate decisions is in any way impaired to such
significant extent that she is:
(a) partially unable to meet essential requirements for her physical health
and safety; or,
(b) totally unable to meet essential requirements for her physical health
and safety.
Answer: TCWtCL ,%-j u*6k�
7. Please describe the type and severity of any impairments of the
alleged incapacitated person using the chart below.
A. The impairments of ANNA M. BOWER are as follows:
F---------------(check one) - -- -- ------------>
List Impairment None Mild Moderate Severe
(a) CIN 1
(b) [ ) [ ] t 3 [ 1
(C) [ 1 [ ] [ 1 C ]
(d) [ ] [ 1 [ 1 [ 1
(e) [ ] [ 1 C I E ]
(g) [ ] [ 1 [ ] E I
8. To a reasonable degree of medical certainty, can you express an opinion
as to whether ANNA M. BOWER is partially or totally unable to manage her
financial resources?
A. The ability of ANNA M. BOWER to manage her financial
resources is impaired (not at all, partially, totally) as follows:
9. To a reasonable degree of medical certainty, can you express an opinion
as to whether ANNA M. BOWER is able to meet essential requirements for
her physical safety and health?
A. The ability of ANNA M. BOWER to meet essential requirements for
her physical health and safety is impaired
(not at all, partially, totally) as follows: 7
lrr`�rte Tu CXV1 �7� rtu e,
14. Can you please evaluate the present condition of ANNA M. BOWER with
respect to incapacities of the type alleged in the Petition. In particular, could you
comment on the nature and extent of the alleged incapacities and disabilities and
also, insofar as you are able, the mental, emotional and physical condition of
ANNA M. BOWER, her adaptive behavior, and her social skills?
A. Based upon my education, training and experience, as well as my
acquaintance with ANNA M. BOWER as stated above, it is
my opinion that her incapacities and disabilities are as follows:
•trr vaQ}e % t T"'D
v,-. Cl e caa Vti r` t C-4..
Her mental condition is: S�
Her emotional and physical conditions are
11. Is the condition of ANNA M. BOWER such as would make her susceptible
to be taken advantage of by unscrupulous or designing persons?
A. Her adaptive behavior is lhV-SC, Q
0
Her social skills are tb ."" " b�A j� 7
12. What recommendations would you make concerning services necessary
to meet the essential requirements for the physical health and safety of
ANNA M. BOWER.
A. I would recommend that her physical health and safety be
protected by Cc k'l Cr-rr
13. What recommendations would you make concerning management of the
financial resources of ANNA M. BOWER?
A. I would recommend
y
1 o Cl n-e tJ G�CL t^.
14. What recommendations would you make concerning the development or
regaining of physical or mental abilities of ANNA M. BOWER?
A. I would recommend the following: Cuxt rv%j2Z
. , o
X
b
r
. y
i
�. y
,'
S
r
x
15. What types of assistance do you think are required by ANNA M. BOWER?
A. I believe she needs assistance with 4+1 ZCfu t-L
C�Q.
16. Why is it that no less restrictive alternatives would be appropriate?
A. Less restrictive alternatives would NOT be appropriate because
he t'� 04 L
17. What is the probability that the extent of incapacities of ANNA M. BOWER
may significantly lessen or change:
A. In my judgment, and based upon my training, experience and
acquaintance with ANNA M. BOWER, I believe the
probability that her incapacities may significantly lessen or
change is: Yea.,
18. Would the physical or mental condition of ANNA M. BOWER
r t
F
a
be harmed by her presence in open court?
A. I believe that the presence of ANNA M. BOWER in open Court
would be harmful to her because:
�Z nk3 t"*&,I o- 0.pPLICLCIQ, v, COUNT
NOTE: Pennsylvania law (20 Pa.C.S. §5511(a)(1) requires that the alleged
incapacitated person must be present at the hearing unless a physician or
licensed psychologist provides by testimony or statement, an opinion that
her physical or mental condition would be harmed by her presence.
VERIFICATION
I, Dr. George Branscum, verify that the statements made in the foregoing
deposition are true and correct to the best of my knowledge, information and belief. I
understand that the statements herein are subject to the penalties of 18 Pa.C.S. §4904
relating to unsworn falsification to authorities.
Date: r`^ .-�,1y 9°,- P }�
Signature of Deponent
ANNA M. BOWER
j
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,PENNSYLVANIA
ORPHANS' COURT DIVISION
O.C.NO.
IN RE: ANNA BOWER
AN ALLEGED INCAPACITATED PERSON
ACCEPTANCE OF PROPOSED PLENARY GUARDIAN OF THE ESTATE
I, Jill Pierce, proposed plenary guardian of the Estate of ANNA BOWER, the alleged
incapacitated person, agree to accept the appointment as permanent plenary guardian of the
Estate and aver that:
1. I am the daughter of the alleged incapacitated person.
2. I reside at 2000 Highland Circle, Camp Hill,PA 17011.
3. As proposed guardian, I do not have any interest adverse to the alleged
incompetent person.
DATED:_ /�/i//� c P O
JILL PIERCE
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EXHIBIT
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