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Home My WebLink About09-11-14 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: ORPHANS' COURT DIVISION N CARMEN ARCE, No.�of 2014 � � � rn An Alleged Incapacitated Person � � �' � � �'' _ � ..-� c� _ _�._ r-1 ►—� �..� rn PETITION FOR APPOINTMENT OF GUARDIAN �'�' � > = ' ~ "`�' � . , , c� c a .. , .� -,� ...� ' � � � TO THE HONORABLE, THE JUDGES OF SAID COURT: -� '�- � . r-- N � � .. w 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. Carmen Arce (the "Alleged Incapacitated Person") is a forty-eight year-old (48)female born on January 5, 1966. 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. Golden Living Center has since applied for Medical Assistance Long Term Care ("MA-LTC") on behalf of Alleged Incapacitated Person on or around December 24, 2013. 4. Upon information, the Alleged Incapacitated Person is single, never married, and has the following known relatives (including spouse, parents and presumptive adult heirs as may be applicable): � Name Relationship Address Hilda Arnold Mother 1100 S Cameron Street Harrisburg, PA 17104-2547 5. 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 Thomas Kunkle 550 Brandt Avenue Attending physician New Cumberland, PA 17070 AlixaRX 1041 Washington Pike Ste 100 Prescriptions Bridgeville, PA 15017 6. The Alleged Incapacitated Person's physicians have diagnosed her physical and mental condition as including Methicillin Resistant Pneumonia Due to Staphylococcus Aureus, Post Traumatic Stress Disorder, Epilepsy, and Chronic Depressive Personality Disorder. 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. 7. 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. 8. 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. 9. 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. 10. 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. 11. To Golden Living Center's knowledge, the Alleged Incapacitated Person has no gross estate and her income is limited to Social Security benefits of $679.00 per month for which Social Security may appoint a representative payee. 12. 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. 13. 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 her presence in court would be harmful and detrimental to her physical or mental condition. 14. 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. 15. 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. 16. To the best of Golden Living Center's knowledge, information and belief, the Alleged Incapacitated Person 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 she should not be adjudged incapacitated and why a permanent plenary guardian of her person should not be appointed. TUCKER ARENSBERG, P.C. �, By '�,,s - C ''� er . � er, Esquire . 5 Tucker Arensberg, P.C. 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 Dated: 0 09 %y (717) 234-4121 C�NSENT TO SERVE AS GUARDIAN This is to certify that I,WNSt�Nc��to+��0.�am the �a�s� o��" of KEYST�NE GUARDIANSHIP SERVICES and am unrelated to CARMEN ARCE, the alleged incapacitated person. I have been informed that the Alleged Incapacitated Person has the iiiness stated in the Petition for Appointment of Guardian. i am authorized to state that KEYSTONE GUARDIANSHIP SERVICES is willing to serve as guardian of the person of CARMEN ARCE if so appointed by the Court. I also certify that a representative of KEYSTONE GUARDIANSHIP SERVICES.will be present during the hearing for determination of the Alleged Incapacitated Person's capacity and the appointment of a guardian. KEYSTONE GUARDIANSHIP SERVICES.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 lncapacitated Person has an interest. �ysTO�J& t�c.I4f�q�aNsN�P d�us, Ni�• BY� �-' ; N e: �oNa r�Nt-E ,: 1Sa/�Qa*I Title: �R�s��r Dated: �� ' , 2014 _ _ _ . VERIFICATION ''�� /� � �i �, �,,�,�, l�• � , �� or Goiden 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 � �. _ _ Prin Na Title: t� Dated: I' (� , 2014