HomeMy WebLinkAbout04-30-14 __ __
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
. GUARDIANSHIP� � �
IN RE: JAY H. LOUCKS, . ,� � o � i�i n
An Alleged Incapacitated Person . Na 2�"��"�U� c� � -U `_°' Q
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PETITION TO ADJUDGE JAY H. LOUCKS TO BE �- � =LL� �-� �
TOTALLY INCAPACITATED AND TO APPOINT A c-� c -�7', _`�_-3 �-� -i
PERMANENT, PLENARY GUARDIAN OF HIS PERSON AND H��TAT� r== � �,
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AND NOW, COMES Petitioner, ManorCare Health Services-Carlisle("Petitiori�') by �'�'
and through its attorneys, Kennedy, PC Law Offices, and hereby petitions for adjudication of
incapacity and appointment of a permanent, plenary guardian of Jay H. Loucks's person and
estate and, in support thereof, represents as follows:
1. Petitioner is a skilled nursing facility wherein Jay H. Loucks resides, an alleged
incapacitated person.
2. Jay H. Loucks was born on June 25, 1929 and is currently 84 years of age.
3. Petitioner's address is as follows:
ManorCare Health Services-Carlisle
940 Walnut Bottom Rd.
Carlisle, PA 17015
4. Because Jay H. Loucks resides in Cumberland County, this Court has jurisdiction
of his guardianship proceedings pursuant to § 711 (10) and § 5512(a) of the Probate, Estates and
Fiduciary Code.
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5. To the extent of Petitioner's knowledge, Jay H. Loucks's only, known living
relative is his son:
David Loucks
401 Jennifer Drive
New Cumberland, PA 17070
6. To the extent of Petitioner's knowledge, Jay H. Loucks owns the following
assets:
Asset Value
M&T Bank $1,150.39
Members First Bank
Checking $207.34
Savings $898.64
Footlocker Stock $13,881.68
7. To the extent of Petitioner's knowledge, Jay H. Loucks's income is comprised of
an unknown monthly Social Security payment and a monthly pension payment of$158.42.
8. To the extent of Petitioner's knowledge, Jay H. Loucks executed a Power of
Attorney for financial or healthcare decisions naming his son, David Loucks as his Agent.
9. To the extent of Petitioner's knowledge, Jay H. Loucks has never executed an
advanced directive for health care and/or a living will.
10. Jay H. Loucks currently does not receive Medicaid benefits to pay for his nursing
care.
11. A Medicaid application for Jay H. Loucks was filed with the Pennsylvania
Department of Public Welfare's Cumberland County Assistance Office ("CAO").
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12. The Medicaid application was denied because Jay H. Loucks was found to have
excess assets to qualify for Medicaid as a result of his ownership of the Footlocker stock
referenced above in Paragraph 6.
13. The organization that controls the Footlocker stock refuses to recognize the Power
of Attorney appointing David Loucks as Jay H. Loucks's Agent. As a result, despite his efforts,
David Loucks has not been able to transfer ownership of that stock to an appropriate use.
14. If a guardian is not appointed for Jay H. Loucks's estate, so that the guardian can
take the actions necessary to reduce Jay H. Loucks's assets and qualify him for Medicaid, it is
very likely even more of Jay H. Loucks's potential Medicaid eligibility, worth thousands of
dollars, will be lost.
15. As of February l, 2014, the outstanding balance owed on Mr. Loucks's account
with Petitioner was $112,527.80.
16. To the best of Petitioner's knowledge, no person is able to access the Footlocker
stock owned by Jay H. Loucks and therefore, transfer ownership of it to an acceptable use in
order to qualify him for Medical Assistance.
17. Jay H. Loucks's treating physician is:
Dr. Darryl Guistwite
56 Ashton Street
Carlisle, PA 17015
Phone: 717-609-2052
18. Dr. Guistwite's medical opinion is that Mr. Loucks suffers from Alzheimer's
syndrome, a condition which causes Mr. Loucks to be an incapacitated person.
19. David Loucks is willing and able to make financial and/or healthcare decisions for
Jay H. Loucks, there are no less restrictive alternatives to the appointment of a permanent,
plenary guardian of his person and estate.
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20. Because of the severity of Mr. Loucks's mental condition, he is totally unable to
manage or even appreciate the significance of his financial affairs, property and business and to
make and communicate any decisions relating thereto.
21. Because of the severity of Mr. Loucks's mental condition,he lacks the capacity to
make or communicate any responsible decisions concerning his person.
22. The severity of Mr. Loucks's mental condition mandates that a plenary guardian
be appointed to manage Jay H. Loucks's estate. A guardian of his estate should be appointed to
manage and handle all aspects of his estate, specifically including but not limited to: all issues
relating to his cash, checks in any bank or savings account held in his name, his stocks and
bonds, his personal property, his real estate, his life and other insurance of which he is a
beneficiary, his entitlement to any government or non-government benefits, federal, state, local
t�es, trust accounts of which he is the beneficiary, claims made or to be made on his behalf or
against him, the execution of documents, the entry into contracts affecting him and the payment
of reasonable compensation or costs to provide services for him.
23. A plenary guardian of Jay H. Loucks's person is needed to handle all issues
relating to his person, specifically including but not limited to: his living arrangements, his
medical and psychiatric care, the administration of inedication to him and the employment and
discharge of physicians, psychiatrists, dentists, nurses, therapists, and other professionals for his
physical and mental treatrnent and care.
24. Petitioner's proposed guardian of the person and estate of Jay H. Loucks is:
David Loucks
401 Jennifer Drive
New Cumberland, PA 17070
(717) 938-9075
25. To the extent of Petitioner's representatives' knowledge, David Loucks does not
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have interests adverse to the person or estate of Jay H. Loucks, and an acceptance to serve as
guardian of the person and estate is attached hereto as Exhibit"A".
26. Petitioner proposes the Court appoint David Loucks guardian of the person and
estate of Jay H. Loucks because as Jay H. Loucks's son, he has a vested interest in the welfare of
Jay H. Loucks.
27. To the extent of Petitioner's representative's knowledge, Jay H. Loucks was a
member of the Armed Service of the United States and he is not receiving any benefits from the
United States Department of Veterans Affairs.
28. To the extent of Petitioner's representative's knowledge, no other Court has ever
assumed jurisdiction in any proceeding to determine the capacity of Jay H. Loucks and no Court
has already appointed a guardian for Jay H. Loucks.
WHEREFORE, Petitioner prays that a Citation be issued and directed to Jay H. Loucks
to show cause why he should not be adjudged a totally incapacitated person and why the Court
should not appoint David Loucks permanent, plenary guardian of Jay H. Loucks's person and his
estate, with notice by personal service to Jay H. Loucks.
Respectfully Submitted,
�
Date: �l��� � ''� By, � .. -
Robert A. Evarts, Esquire
Attorney I.D. No.: 75767
KENNEDY,PC Law Offices
351 West James Street, Suite 207
Lancaster, PA 17603
(717) 233-7100
Attorneys for Petitioner
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EXHIBIT A
_____
5322-13(Jay I-i. ;_r�:.�c�:s)
�:U'�Si,:�T OF PROPOSED GUARUTAN
David i_;�:;:��;; �i�;cre;�y c�rtifies It� i� willing to act as permanent, plenary guardian of the
person and esta.e o'.�.la� 11. �.,,�.,;�;, �,�< <�;;zccci incapa�itat�d person, if the C'ourt shall so appoint.
Additic,•�:;`� :��;�� �;+ �.:`.i;•:;� .h.e--c�h`� certities he is not a iiduciary of any estate in which
Jay H. Loucks !��.� <:�-. � ���: � �:' ?,e �c.N<: nc,� l:��ve an} o!l��r interests currently adverse to Jay H.
I,oucks° perso�� r���:� �����; •;
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Dated: � � � �-' �
_ -—----.
"� navid Loucks
Jay H.Loucks' Guard�anship Petitio�
VERIFICATION
The undersigned hereby verifies the statements of fact in the foregoing document aze true
and correct to the best of hisJher knowlcdge, information, and belief. He/She understands any
false statements therein are subject to the penalties contained in 18 Pa. C. S. § 4904, relating to
unswom falsification to authorities.
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Date: � � 7
Signature
Printed Name: �Q�� �$�
��C�su�.i�s����r
Job Title•
. ManorCare Heatth Services-Catlisle
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