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Home My WebLink About06-29-15 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: ORPHANS' COURT DIVISION WALTER NEYER, No. -7, of 2015 An Alleged Incapacitated Person ry PETITION FOR APPOINTMENT OF GUARDIAN `__ ~' rn CD i �;o C_ n m TO THE HONORABLE, THE JUDGES OF SAID COURT: F' Fr, O �! .; C:J JOHN HOLLY, EXECUTIVE DIRECTOR OF GGNSC CAMP HILL WEST S-HOREE� d/b/a GOLDEN LIVING CENTER -WEST SHORE ("Golden Living Center") files�this Petition forte c� Appointment of Permanent Plenary Guardian of Person and Estate under and pursuant to the Probate Estates and Fiduciaries Code of 1972, 20 Pa. C.S. A. §§ 5501, et seq., as amended, and Rule 14 of the Orphans' Court Division Rules of the Court of Common Pleas of Allegheny County, and respectfully represents as follows: 1. Walter Neyer (the "Alleged Incapacitated Person") is a seventy-three year-old (73) male born September 14, 1941. 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 September 11, 2014. 3. Upon his admission to Golden Living Center, the Alleged Incapacitated Person was assisted by his daughter, Jennifer Neyer. 4. Golden Living Center has since applied for Medical Assistance Long Term Care ("MA-LTC") on behalf of Alleged Incapacitated Person on or around November 19, 2014, which application was denied on or about December 19, 2014, due to his daughter, Jennifer Neyer's, failure to provide requested information and otherwise cooperate with the Department of Human Services. That denial has been appealed and is currently pending. 5. Upon information, the Alleged Incapacitated Person is divorced and has the following known relatives (including spouse, parents and presumptive adult heirs as may be applicable): Name Relationship Address Jennifer Neyer Child 346S. 4 th Street Steelton, PA 15017 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 Thomas Young 890 Poplar Church Road 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 Alzheimer's Disease and Dementia. 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 precludes the Alleged - 2 - Incapacitated Person from independently attending to issues of medical 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 person and estate. 10. Golden Living Center has identified Keystone Guardianship Services as a potential permanent plenary guardian of the Alleged Incapacitated Person's person and estate (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 an estimated gross estate consisting of a John Hancock life insurance policy with a value of $14,279.89 and Social Security of$871 per month for which Social Security 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 - 3 - 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 estate 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 and estate should not be appointed. TUCKER ARENSBERG, P.C. By Davie e '. Dietrich, Esquire Pa. I.D. #200767 Kevin Hall, Esquire Pa. I.D. #311826 Tucker Arensberg, P.C. 2 Lemoyne Drive Suite 200 Lemoyne, PA 17043 - 4 - VERIFICATION I, John Holly, Executive Director for GGNSC Camp Hill West Shore LP d/b/a Golden Living Center-West Shore 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 n/ HOUL IL Print Name: John Holly Title: Executive Directo Dated: June , 2015 CONSENT TO SERVE AS GUARDIAN This is to certify that 1, Constance Stoneroad of Keystone Guardianship Services am unrelated to Walter Neyer, the alleged incapacitated person. I have been informed that the alleged incapacitated person has the illness 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 and estate of Walter Neyer 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 incapacitated person has an interest. By: NamT, Constance Stoneroad Title: President Keystone Guardianship Services Dated: June 2015