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Home My WebLink About09-10-14 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: ORPHANS' COURT DIVI�ON b � � o � � rn JESSIE CARTER, No. �of 2014 c�z�, � � �? o An Alleged Incapacitated Person � � � �' ..�� ,�-,�", �" � ;rp �"' �� r�,t �s G� _..� 0 ;:� O ;,� . . �� G.7 PETITION FOR APPOINTMENT OF GUARDIAN �� '�� J=:� � �'� � , �, � `n _Y -�-, � c-a . ,,,'� -i N � t ti TO THE HONORABLE, THE JUDGES OF SAID COURT: � Q �" ° s `*� BEVERLY FRY, SENIOR EXECUTIVE DIRECTOR OF GOLDEN LIVING CENTER-WEST SHORE ("Golden Living Center"), files this Petition for Appointment of Permanent Plenary Guardian of Person under and pursuant to the Probate Estates and Fiduciaries Code of 1972, 20 Pa. C.S. A. §§ 5501, et seq., as amended, and respectfully represents as follows: 1. JESSIE CARTER (the "Alleged Incapacitated Person") is a seventy-four year-old (74) male born on June 3, 1940. 2. The Alleged Incapacitated Person currently resides at Golden Living Center West Shore, with an address of 770 Poplar Church Road, Camp Hill, PA 17011, following initial admission on or about December 24, 2013. 3. The Alleged Incapacitated Person applied for Medical Assistance-Long Term Care ("MA-LTC") benefits on February 26, 2014 and was subsequently approved for MA- LTC, which covers the great majority of his long term care needs at Golden Living Center. 4. The Alleged Incapacitated Person, while having capacity, executed a Power of Attorney, appointing Mary Ernst as agent. Mary Ernst has advised Golden Living Center that she no longer wants to be involved in the care of the Alleged Incapacitated Person. � Additionally, the phone number she provided to Golden Living Center is out of service and Golden Living Center has been unable to reach her for some time. 5. Upon information, the Alleged Incapacitated Person is widowed, and has the following known relatives (including spouse, parents and presumptive adult heirs as may be applicable): Name Relationship Address Mayne Carter Unknown--Listed as 1St 1242 Muhlenberg Street Degree Relative in Lexis Reading, PA 19602-2070 Nexis Person Report (Last Known per Person Report) To the best of your Petitioner's knowledge, information and belief neither Mayne Carter nor any other family or friends have visited the Alleged Incapacitated Person while in Golden Living Center and are not involved in his care. 6. The following persons or institutions provide the listed services to the Alleged Incapacitated Person: Name Address Service Golden Living Center 770 Poplar Church Road Residential Skilled Camp Hill, PA 17011 Nursing Services Edward Lamarque, M.D. 2920 Market Street Attending physician Camp Hill, PA 17011 AlixaRX 1041 Washington Pike Ste 100 Prescriptions Bridgeville, PA 15017 7. The Alleged Incapacitated Person's physicians have diagnosed his physical and mental condition as including senile dementia and unspecified psychosis. These physicians have opined that the Alleged Incapacitated Person's functional limitations include an inability, without the care, supervision and the continued assistance of others, to satisfy requirements for nourishment, personal and medical care, shelter, self-protection and safety, and the management of financial resources, and that the treatment rendered to date has been unsuccessful in significantly improving the aforementioned conditions and functional limitations. 8. Golden Living Center has been advised and believes that the Alleged Incapacitated Person's ability to receive and evaluate information effectively and to communicate responsible decisions is significantly impaired and currently preclude the Alleged Incapacitated Person from independently attending to issues of inedical treatment, residential care and all matters concerning personal affairs and also the management of any financial affairs. 9. Golden Living Center requests the appointment of a guardian due to medical and psychiatric information received (as set forth above), which information contributes to Golden Living Center's belief that the Alleged Incapacitated Person is totally incapacitated within the meaning of 20 Pa.C.S. §§ 5501, et seq. with regard to matters concerning the Alleged Incapacitated Person's person. 10. Golden Living Center has identified Keystone Guardianship Services, with an address of P.O. Box 804, Elizabethville, PA 17023, as a potential permanent plenary guardian of the Alleged Incapacitated Person's person (the "Proposed Guardian"). The Proposed Guardian has advised that it has no interest adverse to the Alleged Incapacitated Person and is not a fiduciary in any estate for which the Alleged Incapacitated Person has an interest. 11. Golden Living Center has investigated less restrictive alternatives to the relief requested herein, but such are not feasible due to the current situation and conditions described above. Such conditions preclude the making of voluntary, informed judgments by the Alleged Incapacitated Person regarding the management of personal and financial affairs. The relief requested herein is believed to be the least restrictive available, in accordance with the recommendation of the Alleged Incapacitated Person' physicians. 12. To Golden Living Center's knowledge, the Alleged Incapacitated Person has no estimated gross estate and he receives Social Security of$808.00 per month for which the Social Security Administration has appointed Golden Living Center as representative payee. 13. Golden Living Center 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 uncontroverted; the Alleged Incapacitated Person is cognitively impaired, demented and delusional; and Golden Living is acting as Representative Payee. Golden Living Center does not know whether the Alleged Incapacitated Person's other known relatives have any objection to the relief requested herein. 14. Due to the Alleged Incapacitated Person's general medical conditions, it is believed that the Alleged Incapacitated Person's treating physicians would likely find that his presence in court would be harmful and detrimental to his physical or mental condition. 15. To the best of Golden Living Center's knowledge, information and belief, there is not now, nor has there ever been, a guardian appointed for the person or estate of the Alleged Incapacitated Person. 16. To the best of Golden Living Center's knowledge, information and belief, no court has ever assumed jurisdiction in any proceeding to determine the capacity of the Alleged Incapacitated Person. 17. To the best of Golden Living Center's knowledge, information and belief, the Alleged Incapacitated was not a member of the Armed Services of the United States and is not receiving any benefits from the United States Veterans Administration. WHEREFORE, Golden Living Center respectfully requests the appointment of a permanent plenary guardian of the person and that a Citation be issued directed to the Alleged Incapacitated Person to show cause why he should not be adjudged incapacitated and why a permanent plenary guardian of his person should not be appointed. TUCKER ARENSBERG, P.C. 7� � B ,.,..''�.�% Y C ' " er . � er, Esquire �� . . #2013 5 Tucker Arensberg, P.C. 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 Dated: �� d 9 i' (717) 234-4121 CONSENT TO SERVE AS GUARDIAN This is to certify tha4 I, �r'�t�1t.F_��ranl�r.�-n am the �PP...�s��u►-=�vr� of KEYSTONE GUARDIANSt�IP SERVICES and am unrelated to JESSIE CARTER,the Alleged Incapacitated Person. I have been informed that tt>�Alleged Incapacitated Person has the illness stated in the Petitiori for Appointment of Guardian. I am authorized to state that KEYSTONE GUARDIANSfiIP SERVICES is willing to serve as guardian of the person of JESSIE CARTER if so appointed by the Court. I also certify that a representative of KEYSTONE GUARDIANSf-IIP SERVICES will be present during the hearing for determination of the Alleged Incapacitated Person's capacity and the appointment of a guardian. KEYSTONE GUARDIANSHIP SERVICE=S, has no interest adverse to that of the Alleged Incapacitated Person and is not a fiduciary of any estate, trust or similar fund in which the Alleged Incapacitated Person has ��n interest. ��t�ti�nl��u�l1�,u5e#tP h7�,p✓�c.r� N,P.�. By: � A..�'1G1.��..�� . Na : �U,�r�+N� r'. Sr��rc�o�.� Title: }�,��FN�' Dated; td-�" „_, 2014 . , . , �t5 S 1� � � VERIFICATION / n� C I, C ��t'LtQ- _, ✓�<�c�6 5�14��+for Golden Living Center state, that the facts contained in the foregoing Petition are true and correct to the best of my �� knowledge, information and belief. This Verification is made subject to the penalties of 18 Pa. ' C.S. §4904 relating to unsworn falsification to authorities. GOLDEN LIVING CENTER , � ,�� tJ�.� �� -�.r�� . Print Nam �' f�� Title: �i�� D� c.� %�`�(ts Dated: .JK � �� , 2014 �