HomeMy WebLinkAbout06-29-15 4. Penusylvaziia's Probate, Fstates and Fiduciaries Code,20 Pa. C.S.A. § 101, et seq.
(the "PEF Code") defines an"incapacitated persod' as "an adult whosc ability to receive and
evaluate information effectively and communicate decisions in any way is impaired to such a
significant extent that he is partially or totally unable to managc his financia! resources or to
meet essential requirements for his physical healtli a�d safcty."
5. Mr. Clouse has failed to plead or support such allegatious that if proven, would
establish by clear and eonvineing evidence that Mrs. Clouse is an incapaeitated person such that
the Court should be asked to intervene to dcelare her incapacitated and strip her of her rights of
controlling her ow� person and hcr own estate.
6. In support of the Petition, Mr. Clouse attaches a letter opinion of Thomas G.
Boweis, Ph.D. (herei�afrer"Dr. Bowers"), whom Mr. Clouse retained to "assess for cecent
decline in health, ussistin understanding her capaciry." (See, Petitioq Exhibit D, p. 1).
7. While Dr. Bowers opines that the results of the evaluatioo "were thought to be a
valid indication of her level of functioning" (Id. at p2), his opinions as to Mrs. Clouse's
capacity and limitations fall far short of the PEF Code's definitio� of an incapacitated opinion,
such [hat any fortn of guardianship is necessitated (See �cncrallv, Pe[i[ion, Exhibit D).
8. Dc Bowers' letter opinioit is devoid of a�iy opinion or evaluatioo results tl�at
would support a deteanination that Mra Clouse's ability to receive and evaluate iuformation
effectively and communicate decisions in any way is impaired to such a significant extent that
she is partially or totally unable to ma�agc her financial resources or to meet essential
requirements fbr her physical health and safety.
9. To the coiitrary, Dr. Bowers opines that Mrs. Clouse has "good abilities managing
monetary calculations and proccssiog;' (see, Petition, Exhibit D, pp. 3, 4), her"cognitive
functioning appeared intact in important areas such as attention, initiation and preservatioq
construction, and couceptualization," (id.),"in tcrms of her overall capaciry to managc hcr
everyday functioning [she] has adequate abilities in temts of orie�tatioq abstractioq as well as
maintaining adequate attention and concentrarion;' �, at p. 5), and that "the gcncral ootlook for
an individual with the rypes of diffic�lties as Mrs. Clouse presented with is one of stability,
marked by gradual but slow decrements in functioning," (id.).
L0. The only"significant impairmenY'that Dr. Bowecs was able to identify was as to
"meinory abilities"of this 75-ycar-old woman who has been treating with her own psychiatrist
for a Bipolac Disorder, a�d dealing with a level of depression after the death of her 48-year-old
daughter who suffered from Down's Syndrome, for whom Mrs. Clouse was thc primary
caregiver,living with a�d attending to all hee needs until hcr passing about two years ago. �
�,enerally, Petition,Exhibit D).
1 l. The PEF Code does not provide for a determinatio� that an individual is
incapacitated and requires appointment of a guardian simply for impaicment of one's memory
abiLities. Rather, the alleged incapacitated persods abiliry to receive and evaluate information
effectively and commmiieate decisions in any way must be so impaired to such a signilicant
extent that she is partially or totally unable to manage her financia] resources or to meet thc
essen[ial requirements for her physical health a�d safeTy.
12. Therefore, even if this Court were to eccept es tme all allegations within Mr.
Clouse's Petition, particularly the findings of D�. Bowers, Mr. Clouse can¢ot mect the stringent
burdcn of proving incapacity by clear and convincing evidence.
13. Indced, the opinion]etter of Dr. Bowers, attached and paRiaLly described as part
of thc Pctitioo, establishes that Mrs. Clouse does not meet the requirements of the PEF Code
sufficient for this Court to decLare her to be an incapacitated person.
WHEREFORE, it is respectfully requested that this Honorable Court dismiss the Petition
to Adjudicate Incapaeitated and Appoint Plenary Guardian of the Person and Estate of Calcne M.
Clouse, since Mr. Clouse's Petition, including the evaluation results of Dc Bowecs, evcn if
accepted as true, cannot establish that Mrs. Clouse is an incapacitated person as defined in the
PEF Code and therefore not in nced of the extreme intervention of an ordcr shipping her uf her
rights to manage her own person and her ow� estatc.
RespectfuLly submitted,
SAIDIS SULLIVAN & ROGERS
�-
Dated: June a�l .2015 BY: ��--- � ��-9-
Daniel L. Sullivaq Esquirc
Id. No. 34548
Ctvistopher E. Fisher
Id. Vo. 201395
26 West High Strcet
CazlisLe. PA 17013
(717)243-6222
Atmrneys Jor Cnlene M Clonrse
CERTIFICATE OF SERViCE
The undersigned hereby certifies that I liave scrved the foregoing document upon counsel
of record this date by deposi[ing a true and wnect copy of the same i� thc United States mail,
first-class postage prepaid, addressed as follows:
Veil W. Yahq Esq.
JSDC Law Office
P. O. Box 650
Hershey, PA 17033-0650
AltarneyforJ. Edw�ard Clouse
SAIDIS, SULLIVAN & ROGERS
Dated: June �`1 , 2015 BY: � `�-�—� �—�--��-^--
Danicl L. Sullivaq Esquire
Id. No. 34548
Christopher E. Fisher
Id. No. 201395
36 West High Strect
Culisle, PA 17013
(717) 243-6222
AtmrneVsforCaleneM. Clouse