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Home My WebLink About08-10-15 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: ORPHANS' COURT DIVISION LEONARD CARPENTER, No. �of 2015 � �,., � a An Alleged Incapacitated Person j � ,� � o �-, — c, c`� ;� a " — � c� PETITION FOR APPOINTMENT OF GUARDIAN � .' �� -� � � TO THE HONORABLE, THE JUDGES OF SAID COURT: _ �> N ,, rtl �'l L� O [J T JOHN HOLLY, EXECUTIVE DIRECTOR OF GGNSC CAMP HILL WEST SHORE LP d/b/a GOLDEN LIVING CENTER -WEST SHORE ("Golden Living Center') files this Petition for 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. Leonard Carpenter (the "Alleged Incapacitated Person") is a ninety year-old (90) male born June 25, 1925. 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 November t9, 2014. 3. Upon his admission to Golden Living Center, the Alleged Incapacitated Person was assisted by his Power of Attorney, Thomaisina Reynolds. 4. Golden Living Center has since applied for Medical Assistance Long Term Care ("MA-LTC") on behalf of Alleged Incapacitated Person on or around December 29, 2014 which application was denied on or about February 18, 2015 due to Ms. Reynolds' failure to provide requested information and otherwise cooperate with the Department of Human Services. J Golden Living Center did file a protective appeal of this MA-LTC denial to protect the parties' interests, and Medical Assistance was approved effective November 19, 2014. 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 Relationshio Address Thomaisina Reynolds Other- Power of Attorney 4570 Larch Drive. Apt. 182 Harrisburg, PA 17109 Kim Carpenter Daughter 67 N. 17�" Street Harrisburg, PA 17103 Milo a/k/a Kevin Carpenter Son 2986 N. 2n° Street Harrisburg, PA 17110 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 Dr. Thomas Kunkle 550 Brandt Ave. Attending physician New Cumberland, PA 17070 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, hypertension and heart disease. 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 fundional limitations. - 2 - 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 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 conceming 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 restridive 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 home with an unknown value; and Social Security $1,232.90 per month for which Social Security has appointed Golden Living Center as representative payee. The Alleged Incapacitated Person does not receive any pension payments. - 3 - 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. i6. 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 Administretion. WHEREFORE, Golden Living Cen[er respectfully requests the appointment of a permanent plenary guardian of the person and estate and that a Cita[ion be issued direded to the Alleged Incapacitated Person to show cause why he should not be adjudged incapacitated and why a permanent plenary guardian of her person and estate should not be appointed. -4 - TUCKER ARENSBERG, P.C. BY .� � � � ��/ Danielle L.�ietrich, Esquire Pa. I.D. #200767 Kevin Hall, Esquire Pa. I.D. #311826 TuckerArensberg, P.C. 2 Lemoyne Drive Suite 200 Lemoyne, PA 17043 Gl� �a�' ��oIS - s - i VERIFICATION I, Joho Holty, Execulive Directa for GGNSC Camp Hill Weat Shore lP dfWa Golden Llving Center-Weat Shore state, that lhe feds conlained In the foregoing Petillon are true and cnrted to the besl of my knowledge, IrrfarmeBon and bellef. This VerificeGon is made eubjecl to the penaWes af 18 Pa C.S. §4904 ralating to unaworn felaiFlcation to eulhodtles. GOLDEN LIVING CENTER PriM Ner� .John Holly Tille:E�a dAive Direelo Dated: ;:!/- �;�� i I � CONSENT TO SERVE AS GUARDIAN opd- This is to certify thet I,�onS�nce.,E.S�J?ot Keystone Guardianship Services em unrelated to Leonerd Carpenter,the ellegad incapacitated person. I hava bean informed that the alleged Incapacitated porson has the illness stated in the Petition for Appointment of Gua�dlan. I am authodzed tostate thet Keystone Guardlenship Services is willing to serve as guardi2n of lhe person and estate of Leonard Cerpenter If so eppointed by the Coud. I also I cetlify that a representatNe of Keystone �uardianship Servicea wlll be preaent dudng the I hearing for determinetion of iha alleged Incapacitatetl person's cepecity and the appolnlment of II �� a guardian Keystona Guardianship Services has no Interest adverse to that of the alleged � incapacitated person and is not a ftluclary of eny eatale,trust or similarfund in which the � alleged incapacilated pereon Nas an interest. Keyetone Guardianship Sarvicea By: L Na e: nekllSo � nue: I I �a�ad: �,�� — � � � I