HomeMy WebLinkAbout09-21-15 IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
� �: : ORPHAN'S COURT DIVISION
MARILYN L. MEEKS •
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An Alleged Incapacitated Person : No. 21-15-0751 � , �a ;; � � ^;
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RESPONSE TO REQUEST FOR INFORMATION ._� �
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TO THE HONORABLE JUGES OF SAID COURT: �. : ,�,;�
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AND NOW,this 21St day of September, 2015, comes the Respondent, Marilyn 11�eks;�yi
and through her counsel, Grace E. D'Alo and provides the following information from Yvonne
August as directed by the Court on September 18:
1. Since the Emergency Guardianship in the above-captioned matter was dissolved on July
22, 2015, Yvonne August has taken care of her mother and has made the following plans.
2. Yvonne August currently provides for all of Ms. Meeks health care needs, monitors her
medications, and provides transportation to recreation, social and religious activities.
3. In the short term future, Yvonne August has the made the following arrangements:
a. An appointment has been scheduled for a locksmith to come to Mrs. Meeks'
home on September 21, 2015, to get a key made for the back door so that Mrs.
Meeks can enter and exit the house at ground level which will make entry and exit
easier.
b. An appointment has been scheduled at Health South in Mechanicsburg on
Monday, September 28, 2015,to get an epidural shot to ease Marilyn Meeks'
back pain and improve her walking;
c. A follow up appointment is scheduled with Dr. Binder, Marilyn Meeks primary
care physician, for October 6, 2015 Marilyn Meeks with Yvonne August's
assistance expects to continue with monthly follow ups thereafter.
d. Marilyn. Meeks, with Yvonne August's assistance, plans to follow up with Dr.
Irwin at the University of Pennsylvania for February 19, 2016 at 3:00 p.m.
e. Dr. Irwin's report was entered into the record as Respondent's Exhibit#9
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f. A follow up appointment is scheduled with Dr. Dash at Johns Hopkins University
for March 21, 2015, at 1:30 p.m. Dr. Dash, has more than 30 years of experience
in this area and was a wise choice for a second opinion. He has not written his
report yet. His conclusions were consistent with Dr. Irwin's.
g. Yvonne August has arranged for a neighbor, Harry Reid, to maintain the lawn,
remove snow, and do other household repairs that neither Marilyn Meeks or Ms..
August can do.
h. Yvonne August has arranged for a neighbor, Raymond Reeves,to assist Mr. Reid
with yard work when there is an extraordinary amount of work to do such as in
the fall.
i. Yvonne August is in the process of purchasing and comparing the cost and
effectiveness of different life alert system for Marilyn Meeks' to wear so that in
the event Marilyn Meeks falls, an emergency team would be alerted.
j. Marilyn Meeks was under the care of a thyroid specialist at Country Meadows
with whom she is not familiar or comfortable. Yvonne August has asked Dr.
Binder and Hershey Medical Center for the name of another thyroid specialist and
will schedule an appointment for her mother once she receives that referral
k. Yvonne August has recently contacted The Office of Aging in Cumberland
County and explored the services offered by that agency. Yvonne August has
talked to people in the agency and is prepared to use their services for her
mother's benefit once other matters are resolved. (See Paragraph 5 below)These
services are presently being provided solely by Yvonne August.
1. Yvonne August has recently contacted Good Shepherd Church Women's Council
which provides in home visits, grocery shopping, light meals and transportation to
elderly persons. Yvonne August has talked to people in the agency and is
prepared to use their services for her mother's benefit once other matters are
resolved. (See Paragraph 5 below)These services are presently being provided
solely by Yvonne August.
m. Yvonne August has contacted Senior Helpers, Pea Pod, and Visiting Nurses
Association. Yvonne August has talked to people in the agency and is prepaxed to
use those services for her mother's benefit once other matters are resolved. (See
Paragraph 5 below)These services are presently being provided solely by Yvonne
August.
n. Petitioner, Gregory T. Meeks, refustd to he:ip with the cost of building a railing to
run along the steps leading to Marilyn Meeks' front door. Yvonne August got
two estiinates for the work which will cost approximately $1,000. Until this
matter is resoh�ed and decisions can be made regarding residence and job,
Marilvn does not feel she can afford this expense although it would greatly
improve he;r ability to enter and exit t(�e f�-ont of her house.
4. There are several matters that can only be resolved once more information about Marilyn
Meeks' abilities is gathered. For example, Dr. Irwin thought Mrs. Meeks should be
evaluated with respect to keeping her driver's license and that appointment is scheduled.
The result of that evaluation will detertnine many of Yvonne August's decisions with
respect to what transportation services Mrs. Meeks needs and which agencies can best
provide for those needs. It is Yvonne August's plan and goal to provide or plan
transportation that will enable Ms. Meeks to continue her in social, recreational and
religious activities as well as get to her medical appointments.
5. In addition, it is not clear at the present time whether Yvonne August's employer,
Novitas, a division of Florida I3hie, in Florida is going to keep her on the payroll or if she
can continue to work for the Novitas in its offices here in Pennsylvania.
a. Due to these proceedings Yvonne August has not been able to make long term
plans for her mother's welfare.
b. Yvonne August has exhausted all available vacation, sick and FMLA leave. If
Yvonne August returns to her job in Florida Marilyn Meeks could accompany her
but Mrs. Meeks strong preference is to stay in her home.
c. If Novitas continues to employ her, Yonnne August will have up to twelve weeks
of FMLA leave a year and the possibility of working in Pennsylvania near her
mother's residence.
d. The only thing for certain is that no matter what her employment situation,
Yvonne August will continue to make appropriate decisions with respect to her
mother's health, well-being, and safety.
6. Yvonne August will make all decisions appropriately and quickly once this case comes to
a final resolution. All of her decisions will be made based on the advice of the medical
experts, health care professionals, and support services and/agencies that she has already
consulted.
ctfully submitted: ,
� � �
Grac . D'Alo
'`�.tto ey ID No. 26146
Appointed Counsel for the Alleged
Incapacitated
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
� �: : ORPHAN'S COURT DIVISION
MARILYN L. MEEKS �
An Alleged Incapacitated Person : No. 21-15-0751
VERIFICATION
I. Yvonne August, hereby verify and swear, under penalty of perjury,that the all the
avennents in the attached "RESPONSE TO REQUEST FOR 1NFORMATION"are true aild
correct to the best of my knowledge.
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Y o ,e August
A for Marilyn Meeks. Alleged Incapacitated
Date: September �t , 2015
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
� �: : ORPHAN'S COURT DIVISION
MARILYN L. MEEKS :
An Alleged Incapacitated Person : No. 21-15-0751
ORDER
AND NOW, this day of ; 2015, it is hereby ordered and
decreed that:
1. All prior Orders of this Court under pocket No. 21-15-0751are vacated.
2. Respondent, Marilyn Meeks, has no further obligations to this Court with respect to the
above-captioned matter.
BY THE COURT
Christylee L. Peck, J.
David Nesbit, Esq.
Keystone Elder Law, P.C.
555 Gettysburg Pike
Suite G 100
Mechanicsburg, PA 17055
Attorney for Petitioner
Grace E. D'Alo
530 Greason Road
Carlisle, PA 17015
Court-Appointed Attorney for Marilyn L. Meeks
An Alleged Incapacitated Person
PROPOSED CONCLUSIONS OF LAW
1. David D. Nesbit's representation of Petitioner is inconsistent with Formal Opinion
No.96-404 of the American Bar Association Standing Committee on Ethics and
Professional Responsibility.
2. David D. Nesbit's duty to his former client, Marilyn L. Meeks, was seriously
compromised when he undertook representation of Petitioner.
3. The question of this ethical conflict was raised before the start of the first hearing on the
Petition for Guardianship, and as a result all actions taken by David D. Nesbit on behalf
of Petitioner are void ab initio.
IN RE:
: ORPHAN'S COURT DIVISION
MARILYN L. MEEKS, :
An Alleged Incapacitated Person : �
: Docket No. 21-15-0751
RESPONSE TO COURT ORDER OF SEPTEMBER 18,2015
ALTERNATIVE PROPOSED FINDINGS OF FACT AND PROPOSED ORDER
The following factual findings and conclusions are based on the testimony, exhibits and
record in this case and Formal Opinion No.96-404 by the American Bar Association Standing
Committee on Ethics and Professional Responsibility.
1. Marilyn Meeks is 88 years old and currently lives at her home at 4811 Brain Road,
Mechanicsburg, PA.
2. The case began on July 2, 2015, with the filing of an Emergency Petition for the
Adjudication of Incapacity by the Petitioner, Gregory Meeks, by and through his counsel,
David D. Nesbit.
3. On July 2, this Court signed an Order that appointed Gregory T. Meeks, hereinafter
"Petitioner", as guardian of the estate/person of Marilyn Meeks until a hearing could be
held. That hearing was scheduled and held on July 22, 2015.
4. Grace E. D'Alo was appointed as counsel for Marilyn Meeks by Order of Court dated
July 6, 2015.
5. On the same day but prior to the filing of Emergency Petition under this docket, Adam
DeLuca called David D. Nesbit on behalf of Marilyn Meeks, a client referred to him by
the Office of Aging.
6. Understanding that the David D. Nesbit was about to file the Emergency Petition
Attorney DeLuca called and asked David D. Nesbit to turn over a POA prepared by
James Bach(see below) so that Marilyn Meeks could complete its execution and
designate Yvonne August as an alternative agent.
7. David D.Nesbit sent a copy of a POA prepared by James Bach [hereinafter"Bach POA"]
to undersigned counsel by e-mail dated July 13. In that e-mail, David D. Nesbit wrote in
part:
"...When Greg went to Mrs. Meeks' house to get her important papers as he admitted her
to Country Meadows, he took the POA prepared by Mr. Bach, signed it, and used it to
admit her."
(E-mail authored by David D. Nesbit dated July 13, 2015, see Attachment F)
8. David D. Nesbit withheld the Bach POA, or in Mr. DeLuca's words, David D. Nesbit
held it "hostage", (The transcript of his testimony from September 18, 2015, was not
available at the time of this filing but Mr. DeLuca's testimony on this point was credible)
9. In an e-mail dated July 2 and entered on the record as Respondent's Exhibit #4. David D.
Nesbit advises Amanda Bobb, Executive Director of the Dementia Unit at Country
Meadows as follows in pertinent part:
"In the meantime, Mrs. Meeks will be safe under your care. Until this matter is resolved
otherwise by the Court I would encourage Country Meadows to use strict discretion to
ensure Mrs. Meeks safety, which might cause you to reconsider whether family visitation
outside of your property is necessary or appropriate..."
(E-mail authored by David D. dated July 2, 2015, Respondent's Exhibit #4, see
Attachment H)
10. In Judge's chambers prior to the commencement of the hearing on July 22, 2015,
undersigned counsel raised concerns regarding David D. Nesbit's representation of
Petitioner.
11. With David D. Nesbit's consent, the Court asked undersigned counsel to speak to Mr.
Meeks privately to ascertain whether Petitioner's understood who Mr. Nesbit was
representing.
12. Prior to any testimony being taken, and at the Court's urging, the undersigned made this
statement in open court:
My sense is that Mr. Meeks sought out Mr. Nesbit's help not as an attorney, but
as someone providing support services as he acknowledged with mediation, with
planning, with other things in relationship to his mother. At some point the
relationship changed. When I asked Mr. Meeks whether he understood the
difference between being---it was explained to him whether there was a difference
between him being represented and his mother being represented, and he said Mr.
Nesbit did explain this to him, and that Mr. Nesbit was representing his mother's
interests. I think he clearly does not have the benefit of counsel that he should
have here.
(Transcript of July 22, 2015 (hereinafter "Transcript"), pp. 5, 6)
13. The Court allowed Mr. Nesbit to present evidence on the ethical matter raised by Court
Appointed Counsel and the following became part of the record in this case:
a. Petitioner Gregory Meeks (hereinafter"Petitioner") testified and repeatedly
stated, that he sought David D.Nesbit's assistance to act on behalf of his mother,
Marilyn Meeks. (Transcript pp.10, 11, 13)
b. Petitioner's Exhibit#2, was described by David D. Nesbit as a"representation
agreement" dated June 9, (Transcript, p. 9) and was identified by Petitioner in
testimony as follows: "[A]n agreement I made as power of attorney for Marilyn
Meeks to basically hire you to act on Marilyn's behalf to address the situation that
we talked about earlier." (Transcript p. 10, see Attachment C)
c. David D. Nesbit offered into evidence Petitioner's Exhibit#3 which was
identified by Petitioner as follows: "It is a letter to me from you summarizing the
meeting." (Transcript, p.l, see Attachment D)
d. In Exhibit#3, David D. Nesbit writes: "As I mentioned to you at the beginning of
our meeting, the preference of our firm is to represent the best interest of the older
person in the family, who in this case is your mother, whose affairs I was able to
discuss with you because you are her agent." (See Attachment D)
e. Petitioner also identified Petitioner's Exhibit#5 and described it as follows: "July
2nd� 2015, and it is an agreement for you to function as a lawyer for me in
petitioning for guardianship;" and, also, "At a very basic level you went from
representing my mother to representing me." (Transcript, p.16, see Attachment
E)
£ The Bach POA was created and executed by Respondent Marilyn Meeks on July
17, 2013 and unambiguously states Mrs. Meeks intention to have either Ms.
August or Gregary Meeks act as her agent. (Respondent's Exhibit#3, see
Attachment G)
g. Neither Ms. August nor Greg Meeks executed the Bach POA for two years.
h. On April 17, 2015, Petitioner signed and executed the Bach POA, which is the
date the Petitioner took the POA and other important papers from Mrs. Meeks
home (See Attachment F)
i. On September 18, 2015, at the second hearing in this matter, Bach POA was
entered it into evidence with Respondent's concurrence. (See Attachment G, no
transcript is available as of this date for that hearing.)
14. The ABA issued Formal Opinion No. 96-404 on August 2, 1996 which was entered into
evidence in this case on September 18, 2015 as Petitioner's Exhibit 7. It states in
pertinent part:
When, after consideration of less drastic means, a lawyer has concluded that a
guardian should be appointed for his client,the lawyer may file the petition
for guardianship...As discussed above, Rule 1.14 (b) clearly permits the
lawyer himself to file a petition for guardianship upon, concluding that it is
necessary to protect the client and there are no less restrictive alternatives
available. However, nothing in the rule suggests that the lawyer may
represent a third party in taking such action, and after considerable
analysis, the Committee concludes that a lawyer with a disabled client
should not attempt to represent a third party petitioning for a
guardianship over the lawyer's client." (Emphasis added)
S
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,PENNSYLVANIA
ORPHANS' COURT DNISION
IN TI�INTEREST OF: . NO. ��- l�� 75/
MARILYN L. MEEKS, :
An Alleged Incapacitated Person .
ORDER
AND NOW - ���Gz-�� G� `�~�" aGIS` upon the motion of David D.
Nesbit,Esquire,of Keystone Elder La P. .,it app aring to the Court that an unmediate
appointment of an emergency temporary guardian of the estate\person of Maxilyn L.Meeks is
necessary and further the Court fmds that notice to the Alleged Incapacitated Person is not feasible in
the circumstances for such appointment, Gregory T. Meeks is appointed guardian of the esta.te\person
of Maril L. Meeks pursuant to 20 Pa.C.S.A. §5513.This Order expires on
,J �� �a , a p l�S" ,unless an extension is granted.
A hearing on t e continuation of this appointrnent shall be held on_;,�� o?a oZblS" in .
_�/'�c�M �` S� at g �3 � ec.��n_ .A Citation with N ice sha 1 be issued to
Marilyn L.Meeks returnable at the hearing and a copy of this Order and Petition shall be served on
Marilyn L.Meeks.
Notice shall be given to the next of kin and presumptive heirs, service providers and other
parties in interest by personal service,registered mail or certified mail.
Gregory T. i�ieeks (son) Yvonne 1V1. August(daughter)
6427 Ryan Avenue 12311 Kensington Lakes Drive
Hanover,Maryland 21076 # 1003, Jacksonville,Florida 32246
Michelle Meeks (daughter) Country Meadows Retirement
508 Skylazk Lane Communities
Dresher,Pennsylvania 19025 4905 East Trindle Road
Mechanicsburg, Pennsylvania 17050
Keystone Elder Law P.C.
555 Gettysburg Pike STE C100
Mechanicsburg,PA 1705 5 �
BY T'I� CO T:
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� ,Judge
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IN THE INTEREST OF : IN THE COURT OF COMMON PLEAS OF
MARILYN L. MEEKS, : CUMBERLAND COUNTY, PENNSYLVANIA
An Alleged Incapacitated : ORPHANS' COURT DIVISION
Person : NO. 21-15-751 ORPHANS' COURT
IN RE: EMERGENCY PETITION FOR ADJUDICATION
OF INCAPACITY AND FOR THE APPOINTMENT OF A
PLENARY GUARDIAN OF THE PERSON AND ESTATE
ORDER OF COURT
AND NOW, this 6t1' day of July, 2015, upon consideration of the above-captioned
Petition, Grace D'Alo, Esq., is hereby appointed as counsel for Marilyn L. Meeks, the
Alleged Incapacitated Person, for the hearing previously scheduled for July 22, 2015, at
9:30 a.m., in Courtroom No. 5, Cumberland County Courthouse, Carlisle, Pennsylvania.
BY THE COURT,
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Christylee L. Peck, J.
David D. Nesbit, Esq.
Keystone Elder Law P.C.
555 Gettysburg Pike
Suite C-100
Mechanicsburg, PA 17055
Attorney for Petitioner
Gra e�D'Alo, Esq_. �
�5 �Greason Road �' � � m
arlisle, PA 17015 c � � `'-' �
Court-Appointed Attorney � � � `- `� �
for Marilyn L. Meeks, A - , dy � {;, �
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ELDER LAW P.C. �
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www.keystoneelderlaw com
ENGAGEIV'IENT AGREEMENT . )�
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This Engagement Agreement (this "Agreement") made Guardianship
hereby between Keystone Elder Law P.C. ("KEL") nd (Hourly: $4,000
���°� � ����'"/���`%1ln 4'� $ minimum retainer)
referred to as "Client," has a Start Date of KEL Funding of Trust
Unless otherwise stated here $ (Hourly: $1,Od0
this Agreement ends upon delivery of work products or minimum retainer)
in six (6) months. In consideration of the services to be Client Care Program
performed,the parties agree as follows: $ Annual Fee
1. Scope of Services. KEL will advise and represent Long-Term Care Crisis
Client in cannection with one or more elder taw $ Flat Fee Option
issues as defined hereby. Months of Service See Addendum
2. Payment of Costs. The Fee for Services Additional Retainer for
rendered Es as shown below. See Addendum(s) $ �����'� Hourly Services
for exclusions from fees, and/or a detailed
explanation of My Peace Letter, Long-Term Care � Total
Crisis and Estate Administration flat fee formula � /�� ,�
3 $ a 7� � Paid at this time
Fee Description of 4. One-half of the fee paid is NON-REFUNDABLE
Service(s) and deemed earned immediately because it is
Base Will, POA, applied toward KEL's analysis, planning and '
$ HCPOA, Living Will initial work on Client's matter. The second half �
(Single:$500.00, is deemed earned upon the creation of the �
Couple:$1000.00) planning documents dictated by the !
Testamentary Trust circumstances of this matter. The second half �
$ Provisions(special fee is due and payable even if Client has not j
needs, nursing home signed any estate planning documents. Long- �
spouse,spendthrifts, Term Care Crisis Agreements have special
etc.)($500.00) provisions in that Addendum. i
Warranty Deed �
$ ($250/deed) 5. Disclosure. It is Client's responsibility to disclose '
My Peace Letter and correct information requested by KEL's �
$ (Single: 3,000.00, questionnaires and complete follow-up j
See Addendum Couple:$3,500.00} req.uests for informatian. I
Caregiver Agreement �
$ &Care Plan 6. Waiver of Conflict for Married Coupfes. If
($3,000.00) Clients are married to each other, . we will
$ retainer Estate Administration � represent both individuals in this matter.
$ projected retainer per the"Rule
total--See Addendum ofJohnson's Estate" 7, �/a.iver of Conflict for Fiduciaries and Planning
Estate Admin Hourly prefessionals. Client hereby authorizes KEL to
$ Retainer represent any fiduciary of the client and to
Trust Planning release any and all information to fiduciaries, as
$ well as other professionals involved .in the
Trust to be completed planning� including Financial Planners,
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��;�3�` ELDER LAW P.G.
June 9, 2015 www.keystoneelderlaw com
Mr. Greg Meeks
6427 Ryan Avenue
Hanover MD 2l 076
Dear Greg:
This to summarize the outcome of a meeting in my officc today, which you initiated in relation
to the wel]-being of your mother,Marilyn Meeks,who I understand is now receiving care from
Country Meadows in their secured dementia facility in Mechanicsburg. As I mentioned to you at
the beginning af our meeting, the preference of aur firm is to represent the best interests of the
older person in the ffzmily, who in this case is your mother,whose�ffairs I was able to discuss
with you because you are her agent. I declined today for our firm to commit to take your
mother's case to any conclusion because of my belief that, before doing so, it would be better for
all concerned to see if your siblings also would perceive that we could be helpful.
You referenced two siblings, Michelle and Yvonne, and stated that there has been some
disagreement among you about what level of care is needed for your mother. That is
unfortunate,but is not something that would be completely foreign to us. Perhaps because I am
an optimist, I would hope that,with more information and discussion,you and your siblings
eventually will agree abot�t what care plan is most appropriate for your mother.
I understand that your mother, Marilyn,was admitted to Country Meadows at your initiative
following a couple of inedical events which required her hospitalization during the first quarter
of this year; and that medical tests suggested that cognitive damage occurred in relation to those
medical events. This admission coincided with a need for yow sister, Yvonne,to relocate from
the family home in Mechanicsburg to Florida. Since you and Michelle both reside outside the
area, and have other family and employment responsibilities, it has not been practical for you to
serve as active caregivers for yaur mother.That is not unusual.
Country Meadows would be not be in a position to provide care in a secure facility if they could
not demonstrate a.need�or such safety-oriented security in relation to your mother's canfused
state. Your conversation also referenced discussion with two of your mothers' neighbors on
Bryan Road, who had expressed concem about your mother's unchazacteristic behaviors. Your
mother's case seems symptomatic of vascular dementia, which in our experience can occur
suddenly,cause inconsistently erratic behaviors, and be difficult to manage safely.
Because we have not met your mother, it is not passible for me to know what the"best"plan for
her care would be, or if there is a better option than for her to sta.y at Country Meadows, which
has a well-earned excellent reputation. I heard you express concern that your mother might not`
always be happy; and that Yvonne has suggested that taking your mother home, or relocating her
to Florida, are options Yvonne might consider. I cannot discount those options out-of-hand,but
certainly significant discussion and planning should precede either of them. � ��`�`��
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555 Gettysburg Pike,Suite C-100 • Mechanicsburg,PA l 7055 • Phone: 717.697.3223 • Fax: 717.691.80'70
Mr. Greg Meeks
June 9,2015
Pa�e 2
Because of a general public policy concern for elder abuse and neglect issues, that are not
necessarily related to the facts of your mother's case, our legal system requires that licensed care
facilities such as Country Meadows must show reasonable diligence as an advocate for the bcst
interests of their clients. This includes an effort to have a care plan in place to ensure the safety
of someane,who was once found to be appropriate to admit for secured care,beforc discharging
that inclividual to the community. If you and your siblings would want us to prepare a care plan
for an environment outside of Country Meadows, we could have our care coordinator, Karen
Kaslow RN,prepare such a plan. Such a plan would be affordable and prudent to prepare,but
could prove to be difficult and expensive to implement.
T think you are wise not to make any conclusions about what is best for your mother until more
discussion occurs arnong your siblings and the professional sta.ff which cares for your mother. It
is prudent to gather rnedical information and consider the effect that any change could have on
yaur mother's w�ell-being. On occasion,if an independent opinion is needed,we consult with a
geriatric psychiatrist whase opinion is"not for sale,"meaning that we never know for certain
what his unbiased report will say after he has interviewed a client without any preparation or
coaching from us. If it seems appropriate,we could help you to involve him in the future.
For now, let's assume that theoretical options for your mother could be numerous: she could
stay at Country Meadows; she could go home or to Florida with expensive full-tirne supervision;
or be relocated to another care facility. Without intending to discount any optian, it is important
to understand that providing a stable environment,that can become familiar over a reasonable
period of time, is usually in the best interests of our older clients with dementia. You were rather
clear that your personal objectives are to ensure your mother's safety,to make suxe that her care
plan is above reproach and without financial liability for you or your siblings, and to minimize
stress for your mother, your siblings and yourself. The fact that your mother could benefit from a
modest survivor's pension related to your father's service in World Waz II could be helpful.
At your invitation, I have shared this stunmary with your siblings and Country Meadows. My
suggesiion is that I could sit down with your two siblings, and perhaps Country Nieadows stafc as
well, to brainstorm what options exist, and the benefits and negatives for your rnother. If
Yvonne does make a trip to Mechanicsburg,perhaps Michelle would be able ta scheciule time to
join her. We will wait to hear from you,comforted that your mother is safe, at least, for now.
Sincerely,
KEYSTONE ELDER LAW PC
v��
avid D. Nesbit
Attomey
C: Yvonne August
Michelle Meeks
Amanda Bobb,Country Meadows
,
�
. � .
�` �.� ����`�`�l�-�� :
� . .-_ � ELDER LAW P.C. �-
www.�eystone�lderLaw.com
'7-�.z-,� 1��
ENGAGEMENT AGREE11fiENT ������ �
,����� �,.� � g�l�
This Engagement Agreement (this "Agreement") made �j-r! ,��� Guardianship
hereby b tweert Keystone Elder aw P.C. ("KEL") and ��`� {Hourly: $4,000
� � � Q.S, �.�`f�t��- $ minimum retainer)
referred to as "Client," has a Start Date of �'�l Z ��5 KEL Funding of Trust
Unless otherwise stated here $ (Hourly: $1,000
this Agreement ends upon delivery of work products or minimum retainer)
in six (6) months. in consideration of the services to be Client Care Program
performed,the parties agree as fol�ows: $ Annual Fee
1. Scope of Services. KEL will advise and represent Long-Term Care Crisis
Client in connection with one or more elder law � Flat Fee Option
issues as defined hereby. Months of Service See Addendum
2. Payment of Costs. The Fee far Services Additional Retainer for
rendered is as shown below. See Addendum(s) $ Hourly Services
for exclusions from, fees, and/or a detailed
explanation of My Peace Letter, Long-Term Care $ �.�� Total
Crisis and � Estate Administr.ation -, flat fee
formula. $ ��`� Paid at this time
3.
Fee Description of 4. One-half of the fes paid is NON-REFUNDABLE.
Service(s) and deemed earned immediately because it is
Base Will, POA, HCPOA, applied toward KEL's analysis, planning and
$ Living Will (Single: initial work on Ctient's matter. The second half
$500.00,Couple: is deemed earned upon the creation of the
$1000.00) planning documents dictated by the
Testamentary Trust circumstances of this matter.The second half of
$ Provisions (special the fee is due and payab4e even if Client has not
needs, nursing home signed any estate planning documents. Long-
spouse,spendthrifts, Term Care Crisis Agreements have special
etc.)($500.00) provisions in that Addendum.
Warranty Deed
$ ($250/deed) 5. Disclosure. It is Client's responsibility to disclose
My Peace Letter and correct information requested by KEL's
$ (Single:3,000.00, questionnaires and complete follow-up
See Addendum Couple:$3,500.00) requests for information.
Caregiver Agreement&
$ Care Plan ($3,000.0�) 6. Waiver of Conflict for Married Couples. If
$ retainer Estate Administration .�Clients are married to each other, we will
$ projected retainer per the "Rule represent both individuals in this matter.
total--See of Johnson's Estate"
Addendum 7. Waiver of Conflict for Fiduciaries and Planning
Estate Admin HQurly Professionals. Client hereby authorizes KEL to
� Retainer represent any fiduciary of the client and to
Trust Planning release any and all information to fiduciaries, as
$ well as other professionals involved in the
Trust to be completed planning, including Financial Planners,
� �.�.
. : _. . . _�. _ _ .. ._.
555 Gettysburg Pike,Suate C-100 Mecha�ucsburg,PA 17055 • Phone: 71'7.697.3223 • Fax: 717.691.8070
Addttional Office in Carlisle ., _ � %.r`�+ '`���
;
Accountants, Insurance Professionals, and Real a promise or guarantee regarding the outcome
Estate Professionais. Client acknowledges that of Client's matter. No attorney or staff member
KEL has suggested that Client should select the of our office makes any such promises or
service professional who Client prefers. guarantees. Any statement regarding the
outcome of Client's matter is an expression of
opinion only. , �
8. Costs and Disbursements. As explained in the , _
Exclusion Addendum, costs and disbursements
tk�at are reasonable and necessary in carrying 13. lncorporated By Reference. Prior to signing
this Agreement, Client signed the Prospective
out the terms of this Agreement will also be Client Disclosure and Orientation Statement
billed to Client. All incurred costs associated �hich is incorporated by reference, as are all
with a Flat Fee will be billed to Client Addendums attached hereto.
periodically.
9. Terrnination of Agreement. This Agreement qgreed to and accepted on ��` � ���2015
may be terminated for cause by the Client or
KEL at any tirne. There will be no responsibility �Y•
of KEL other than the return of Client's original
documents. If Client agrees to terminate this
Agreement, Client agrees to forfeit any return '�
of the non-refundable fee paid and further KEYSTONE ELDER LAW P.C.
agrees to pay any amount owed by virtue of
work completed by KEL.
� .�t,�'�(�K/1�-
10. Additional or Hourly Work. Work done in CLIENT �
addition to the scope of this Agreement can be
requested and acknowledged by email between
Client and KEL, and will be billed on an hourly
basis unless otherwise specified. The current CLiENT
rates are $275/hour for Attorney time,
$175/hour for the Care Coordinator, and
$150/hour for Support Staff. Time is recorded
and contemporaneousty billed in tenths of an CLIENT'S POA
hour,with 0.2 hour minimum per entry.
11. Retention of Files. All papers, records, Addendums are attached for Excluded Services
documents or other items a Client delivers to and:
KEL regarding the scope of work will be
returned to Client. KEL may retain an electronic ❑ Estate Administration
copy. Client is responsible for the originals once
delivered to Client; however, KEL will keep _�� My peace Letter
Client's original will,and one original of all other
estate planning documents prepared by KEL in a ❑ Long-Term Care Crisis Services
fire-proof safe. � �
❑ Client Care Program
12. Disclaimer of Guarantee. Nothing in this �
Agreem�nt or any statement by an attorney or
staff member of our office will be construed as
Pa�of 2 `
X:\KEYSTONE ELDER LAW PC\Engagement Agreements\Current\Standard 050115.docx
9/19/2015 Gmail-Final documents and thoughts before I unplug until July20
�� , � � Grace D'Alo <grace.dalo@gmail.com>
� �,,, ;I..
Final documents and thoughts before I unplug until July 20
3 messages
Dave Nesbit <Dave@keystoneelderlaw.com> Mon, Jul 13, 2015 at 8:11 AM
To: "Grace D'Alo, Es" <grace.dalo@gmail.com>
Grace
Attached is a zip file "Marilyn Meeks assessment"which I just got late yesterday from my client, who
apologized for not providing it sooner to us. It is actually two documents—one a professional assessment
and the other a care plan. 1 am not sure that they cut any new ground, but it helps me to focus on an
understanding of a person 1 have not yet met(Mrs. Meeks) to see her profiled now by at least five
different perspectives that paint similar pictures. It also eliminates my concern for an evaluation neutral
from Country Meadows. Country Meadows has also promised a letterfrom her doctor.
Also, as I double-checked, we had not given you her EP docs. The "story" on these from "my end" is that
the late Harry Bricker had been the family attorney. He did the original EP docs in 1995. The only
remaining document from that 1995 set which I have seen is the Living Will, which named Michelle as co-
agent with Greg (as she apparently was on all EP documents). A couple of years ago, Michelle "pressured"
her mother to go to attorney James Bach, whose office is in Mrs. Meeks' neighborhood. New documents
were done and Greg and Yvonne were named agents co-agents instead of Greg and Michelie. The
apparent motive is that Michelle had a falling out with her mother because she had a child out of
wediock, though she and the father have lived togetherforten years. However, Mrs. Meeks got neither
agent to sign the documents or put them into use, in part because she did not like Mr. Bach. When Greg
went to Mrs. Meeks' house to get her important papers as he admitted her to Country Meadows, he took
the POA prepared by Mr. Bach, signed it, and used it to admit her. i am not aware that anyone has even a
copy of the original POA or Will documents.
I'm not sure that the POA status matters anymore. It may be relevant to tell you that Mrs. Meeks
apparently "signed something" at the office of Dr. Sempeles, which has enabled Dr. Sempeles to
communicate extensively with Mrs. Meeks' daughter, Michelle, about Mrs. Meeks' medical matters. The
main purpose of that was to make sure that Michelle could aid her motherto remember and attend
medical appointments, which she did on multiple occasions this spring. Within the past week, Dr.
Sempeles called Michelle "to get the story on what's going on," apparently in response to my July 6th
letter asking Dr. Sempeles to be prepared to receive a phone call from the Judge on the morning of July
22. However, Dr. Sempeles has not contacted me to confirm herwillingness or availability to participate
in such a call.
Finaliy, I have prepared my clientto cooperate, if appointed Guardian, with the "brokering of a deal with
Yvonne"that would allow Yvonne to take her mother to her Hampden Township home for the duration of
what is apparently a time of family medical leave." He,does not feel wholly comfortable with that because
https://mai I.g oog le.com/mai I/u/0/?ui=28�i k=3e323f8a808�vie�pt8�cat=M eel68�search=cat&th=14e87539d9F2affe&si m1=14e87539d9f2affe8�si m1=14e87db2e624e8... 1/5
9/19/2015 Gmail-Final documents and thoughts before I unplug until July20
of the risks and confusion associated with it, along with Yvonne's demonstrated history of being dramatic
but ultimately not dependable; however, he would agree to that type of arrangement provided that the
Court would hold Yvonne's feet to the fire to make sure: 1) Yvonne does not take her mother out of state;
2) Yvonne would assume full responsibility for Mrs. Meeks' care without badgering siblings to help her
(see the CONSTANTtexts duringthe past "caregiving" episode); 3) Yvonne would cooperate to guarantee
and ensure a smooth re-entry to Country Meadows; and 4) Country Meadows would agree in writing to be
part of such a plan that would include a supervised discharge and commitment for scheduled re-entry.
Such a plan involves a lot of follow up work afterthe Nearing, and I am flat fee and not economically
motivated. I am hoping that the mere opportunity of it could be a "win"for Yvonne, which having been
validated she might reject if the conditions would cause Yvonne to perceive a real commitment and duty
that is being observed by the Court. Therefore, if it would be possible for an Order from the Judge to
make such an arrangement subject to you and I working out reasonable details prior to discharging Mrs.
Meeks from the safety of Country Meadows to Yvonne's care in Mrs. Meeks' home, my "read" on Yvonne's
dramatic personality is that she will make an excuse (such as the needs of her 25 year old daughter) to say
she can't compiy with "ridiculous demands" and must suddenly return home to Florida. While I must say
that my experience is that Mrs. Meeks' interests are best served by remaining stable at Country
Meadows, if one more dramatic interlude with Yvonne is needed to give the ludge room to validate an
underlying stable plan, I can explain that to the other two siblings.
Dave
Honoring Dignity and Independence
Preserving Home and Wealth
David D. Nesbit, M.P.A., CLTC, CCIM
Attorney
Keystone Elder �aw P.C.
555 Gettysburg Pike
Suite C-100
Mechanicsburg, PA 17055
Voice: (717) 697-3223
Fax: (717) 691-8070
www.keystoneelderlaw.com
CAUTION: Because we receive a large volume of email every day, some of which is filtered as spam,
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Frorrr Dave Nesbit
Sent: Monday, July 13, 2015 4:26 AM
To: Home
Subject: Fwd: Marilyn Meeks Seniorbridge assessment
Da�e Nesbit
Keystone Elder Law PC
555 Gettysburg Pike Suite C-100
Mechanicsburg PA 17055
717-697-3223
Original message
From: GregMeeks@aol.com
Date:07/12/2015 9:33 PM (GMT-05:00)
To: Dave Nesbit
Subject: Marilyn Meeks Seniorbridge assessment
https://mail.g oog le.corrdmai I/u/0/?ui=28�i k=3e323f8a80&vievr pt&cat=Meel6'&search=cat&th=14e87539d9f2affe&si m1=14e87539d9f2affe&si m1=14e87db2e624e8... 3/5
- ,: ..` ��47-.171a BA.7..f� ��'� . ., . - .. .. .
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8SZ`SQUTH;SPO$TII�iGHII:L ROAD
�1KECE:4NICSBUR.(�;PA 170b6
-- x�iEra�rrE rt1�r3�.soss _ _
THE LAW OFFICE
of:
A�IVIES M. BACH
Attorney At-Law
DURtiBLE POWER OF ATTORNEY
FOR
Marilvn L. Meeks
DURABLE POWER OF ATTORNEY II
. '�
a -
-: -��� ,1�..;� �":%�,I�,- h�.�r,
_ NOTICE
THE PURPOSE OF THIS POWER OF ATTORNEY IS TO GIVE THE PERSON
I DESIGNATE (MY "AGENT") BROAD POWERS TO HANDLE MY PROPERTY,
WHICH MAY INQ.UDE POWERS TO SEI.L OR OTHERWISB DISP05E OF ANY
RRAT. OR PERSONAL PROPERTY WITHOUT ADVANCE NOTICE TO ME OR
, APPROVAL BY ME.
THIS POWER OF ATTORNEY DOES NOT IMPOSE A DUTY ON MY AGENT
TO EXERCISE GRANPED POWERS, BUT WHEN POWERS ARE EXERCISED,MY
AGENT MUST USE DUE CARE TO ACT FOR MY BENEFIT AND IN ACCORDANCE
WITH THIS POWER OF ATTORNEY.
MY AGENT MAY F•I�RCISE THE POWERS GIVEN HERE THROUGHOUT
MY LIFETIME, EVEN AFTER I BECOME INC�.PACITATED, UNLESS I
EXPRESSLY LIMIT THE DURATION OF THESE POWERS OR I REVOKE THESE
POWERS OR A COMITTEE ACTING ON MY BEHALF TERMINATES MY AGENT'S
AUTHORITY.
NIY AGENT ML7ST KEEP MY FUNDS SEPARATE FROM MY AGENT'S FUNDS.
A COURT CAN TAgE AWAY THE POWERS OF MY AGENT IF IT FINDS MY
AGENT IS NOT ACTING PROPERLY.
THE POWERS AND DUTIES OF AN AGENT UNDER A POWER OF
ATTORNEY ARE EXPi•ATNF'n MORE FULLY IN 20 PA,GS.CH.56.
IF THERE IS ANY'THING ABOUT THIS FORM THAT YOU DO NOT
UNDERSTAND, YOU SHOULD ASB A LAWYER OR YOUR OWN CHOOSING TO
F.I�LAIN IT TO YOU.
I Ht1VE READ OR HAD EXPLAINED TO ME THIS NOTICE AND I UNDERSTAND
ITS CONTENTS.
DATED: JULY 17,2013 ��d! � �`'�''`-' � -_ " "
M1IRILYN L.ME SS
AC%NOWLEDGEMENT
I, YvnNNF. M= AUGUST, HAVE READ THE ATTACHED POWER OF
ATTORNEY AND AM THE PERSON IDENTIFIED AS THE "AGENT" FOR THE
PRINCIPAL. I HEREBY ACKNOWLEDGE THAT IN THE ABSENCE OF A
SPECIFIC PROVISION TO THE CONTRARY IN THE POWER OF ATTORNEY OR
IN 20 PA.C.S.WHEN I ACT AS AGENT:
I SHALL EXERCISE THE POWERS FOR THE BENEFIT OF THE
PRINCIPAL.
I SHALL SEEP THE ASSETS OF THE PRINCIPAL SEPARATE FROM MINE
ASSETS.
I SHAI.L EXERCISE REASONABLE CAUTION AND PRUDENCE.
I SHALL KEEP A FULL AND ACCURATE RECORD OF ALI. ACTIONS,
RECEIPTS AND DISBURSEMENTS ON BEHALF OF THE PRINCIPAL.
DATE: _
YVONI�IE M.AUGUST
ACg1VOWLEDGEMENT
I, GREGORY T. MEEKS, HAVE RE.4TJ THE ATTACHED POWER OF
ATTORNEY AND AM THE PERSON IDENTIFIED AS THE "AGENT" FOR THE
PRINCIPAL. I HEREBY ACKNOWLEDGE THAT IN THE ABSENCE OF A
SPECIFIC PROVISION TO THE CONTRARY IN THE POWER OF ATTORNEY OR
IN 20 PA.C.S.WHEN I ACT AS AGENT:
I SHALL EXERCISE THE POV4ERS FOR THE BENEFIT OF THE
PRINCIPAL.
I SHALL KEEP THE ASSETS OF THE PRINCIPAL SEPARATE FROM MINE
ASSETS.
I SHALL E}rERCISE REASONABLE CAUTION AND PRUDENCE.
I SFiALL KEEP A FULL AND ACCURATE RECORD �F AI.L. ACTIONS,
RECEIPTS AND DISBURSEMENTS ON BEHALF OF THE PRINCIPAL.
DATE: 6�1___'�-'I�7�cIU�� ��v'�'"�f�i. �( p /1
GREGO T. EBS
Z ' �
�
D ZI�tABLE"PO��R 0F AT�'O.RN�Y
SNOW ALL MEN BY THESE PRESENTS:
That I, Marilyn L. Meek�, of 4811 Bryan Road. Mechanicsbutg, PA 17050 have made,
'constttuted and appointEd, and by these ptesenu do make, constitute and appoint Yvonne M.
Au st of 4811 Bryan Road, Mechanicsbur�, PA 17050 or Gregorv T�Meel� of 6427 an
Avenue, Hanover, 11� 27076 to be my attomep-in-fact, foz me and in my nazne and on mine
behalf:
General Grant of Broad POWERs
My Attorney is hereby given the fullest possible POWER to act on mine behalf to tSansact business
and to make,execute,and acknowledge sill agxeements,contacts,ordexs,deeds,writings,assurances,
and instruments;fot any mattet,with the same POWERs and foz all puiposes with the same validity,
as I could,if pecsonally present
SoeciSc POWERs Included in General POWERs
Without limiting the geaetal POWERs hereby already confeaed, my Attomey shall have the
following specific POWERs,wfuch are included in the foregoing genetal POWER:
1. BANKING AND FINANCIAL INSTITUTIONS; GENERAL FINANCIAL
POWERS.
(a) To deposit any funds teceived for mc in miae accounts in such baak ot ttust company ot
other depository as my Attomey may select,either in my name or in my Attome�s
name as attomey-in-fact
(b) To withdraw fcom and to draw any check oi other draft�inst any moneys for me at any
bank,sav-ings fund,or othec place of deposit, whether such accouat was cteated bp me ox
my Atromey.
(c) To endorse notes,checks,and othcr instruments�vhich may rcyuire mine endoxsement.
(cn To pay all debts now or hereafter incuxzed by us.
(e) To borrow money and to mottgage oc pledge anp property, real or pessonal, now oz
hereaftez owaed by us as secutity therefore and to satisfy of record any indentuzes of
mortgd.ge now ot heseaftec standing in my name or acquired for my account.
(� To have access to any safe deposit box standing in mp name or in my Attomey's name for
me,and to add to oz remove the contents of such box.
(p� To transact any and all business foc me with any bank,trust company,or other depository.
2. STOCKS,BONDS,SECURITIES AND INVESTMENTS
(a) To sell, exchange, pledge, assign, uansfrs, and delives to any pecson, at mine Attorney's,
discretion,all or any part of any stocks,bonds,notes,moitgages,interests in paxmerships or
other secuuties, and anp and all personal property standing in mp name ot bclonging to
myself,ot oves which I may have any POWER or control. To make,execute,and delives on
my behalf all neccssazy deeds,assignments,or txansfess.
(b) To register any oi all of my secwities in my Attome}�s name as attomcy-in-fact for me.
(c) To vote my securities in person or by pzoxy.
(d) To teansact all business in relation to any stocks,bonds,securities or other property in the
nature thereoE,to deposit the satne undet agreements oF deposit;to participate in any plan of
Lease,mortgage,mexget,consolidation,exchange,reotganization,recapitaIization,liquidation,
receivexship, or foreclosure with iespect thereto;to exercise any rights to subscribe to new
issues thereof; and generally to exercise aIl rights,management and ownership with respect
thereto.
(e) To invest in any foxm of property,all funds and securities held or received fot mp accounts,
keeping such cash reseroes as,in mine Attomey's discsetion,aze necessary or desirable to
meet conditions,as they may exist ftom time to time. In the exercise oE this POWER,my
Attomey's discretion appeats to bc prudent invcstments,and m��Attorney shall not be liable
to me fot any ercor of judgtnent in tt�e making oi continuing of any investment.
3. REAL ESTATE
(a) To sell,exchange,pledge,assign,transfet,and delivec to anp pesson,at my Attomey's
disaetion,all or any part of my real psoperty standing in my name oi belonging xo us, or
over which I have any POWER ot conuol.
(b) To make,execute,and delivex on my behalf all necessary deeds,assigaments,oc transfers.
3
�
(c) To opecate real gt.ogeriy,_sepaiatclp;ox�omtly'.mttl�:ot}ieis � _- -
(d) To lease for any term any real pxoperty and to vary ttie tesms includmg renf payable,of any
lease.
(e) To altee,eepair,improve,mortgage,divide,exchange,join in the pattition of, or give
options with respect to,zeal property.
(fl To buy in at judicial sale any property on which I hold a mortgage.
(� To transact all business and to ceescise all rights of m�n�ment and ownership ielating to
, � zeal property.
4. CLAIMS,LAW SLTITS,COMPROMISE A1VD MISCELLANEOUS POWERS.
(a) To demand,sue fot,levy,collect,and give proper zeceipts foz all sums of money or property
now ox which map hcxeafter become due us from any souzce whabocvct, including all
estates or trusts,proceeds of insurance policies,or othes property of any ldnd whatsoever.
(b) To join with othes pazties in the compromise or settlement of anp claims.
(c) To make,negotiate,sign, and petform any and all agreements and conttxcts now ia coutse
of negotiation, execution, and setdement by me, ot which may hereaftez in the opinion of
my Attomey be to my intezest or advantage;to effect,procure, and continue insutance of
any and every kind and desctiption;and with full POWER and authority to maaage any seal
and pexsonal property and conduct mp aEfaizs genesally.
(d) To employ attorneys at law and such othes agents, employees or repLesentarives as my
Attorney may think proper, and to pay anp claims, fees, expenses, wages, demands, ot
obligations foz which I may now be or may heteafrer become liable.
5. BENEFIT PLANS.
To applp Eor and teceive any govemment, insutance, and retirement benefits to which I may be
entided and to exescise any right to elect benefits oi payment options; to temiinate, to change
beneficiaues oz ownership, to assign rights, to borrow ot receive cash value in zetum for the
suaendet of any or all rights I map have in Gfe insurance policies or benefits;annuity policies,plans
or bcnefits; mutual fund and othez dividend investment plan�; and xetizcment, pzofit sharing, and
employee welfare plans and benefits.
6. TAX MATTERS .
To piepare,execute,and file in my behalf and in my name any and all income tax declasations and
zeturns, and any other tax rehuns and ieports (including, but not limited to, pcotests, ciaims,
, elcctions, conscnts, closing agreunents, waivexs of statutes of limitations, aad extensions), and to
repre.eent us hefore the Intemal Reve.nue Service or Treasury Depamnent and any state ox local
taxing authoriry with respect to any claim ot proceeding having to do with mp tax liabilities,federal,
state,or local,foZ any and all yeazs.
7, POWER TO DELEGATE
To substitute one or mote attorney oi attomeys uader my Attorney to carty out any of thc gcnesal
or specific POWERs heteby granted.
8. SPECIFIC FINANCIAL POWERS DEFINED BY STATUTE
The Eollowing POWERs are gianted pursuant to Chaptet 56 of the Pennsylvania Probate
Estates and Fiduciaues Code,as furthet defined thesein:
(a) To make gifts. My Attozney may make gifts on my behalf to any donee nnd in such amounts
as my Attomey may decide and such gifts may be made eithet outright or in ttust. In tl�e
case of minozs,such gifts may be made in trust or in accocdance with the Uniform Gifts To
Minors Act In the case of trusts, my Attomep may exesute a mzst agreement for such
purpose designation one or moze pezsons (including my Attomey) as original or successot
trustees,or map make addirions[o any existing�ust. My Attorney need not treat the donees
equally o=ptopoztionately and map entirelp exclude one ot more pezinissible donees aud we
pattern followed on the occasion of any such of occasion any of any othez gift or gifts.
(b� To create a trust fot my benefit.
(c) To znake additions to an existing tnast fot my benefit.
{d) To claim an elecrive shate of the estate of my deceased spouse.
(e) To disclaim anf intcsest in pmperiy.
(f) To tenounce fiduciary positions.
(� To withdraw and zeceive the income or cozpus of a trust.
4 �
�
'rDvtat►ori of BOWER�Relief Frofa L�ability;Revocation-
1. This POWER shall not cxpue by ieason of lapse of time.
2. I hereby rxd£y wd confit�n all that each Attorney acting heceundez shall do or cause to be
done undec this Durable POWER of Attomey. I specifically ditect that such Attorney shall
, not be subjcct to any liability by rcason for any of such Attorney's dedsions,acts,oi failutes
• to act,all of which shall be conclusive and binding upon me,mine personal xepresentarives,
heirs, and assigns. Futthermose, except in the case of malfeasance of office, I agtee to
iademaify such Attomcy, and hold such Attomey hannless, From all claims that may be
made against such Attomey as a tesule of such Attorae}�s sexvice heteundes and I hereby
agree to reimburse such Attomey in the amount of aay damages,costs,and expenses that
map be incused as a result of any such claitn.
3. T'his POWER of Attomey shall be cevoked by my giving to such Attomey hexeunder written
aotification of the revocadon,which notice shall not be considered binding unless actually
teceived.
POWERS
MY ATTORNEY SHALI.ALSO HAVE THE FOLLOWLNG POWERS:
1. To ask,demand,recover,and receive all and any sums of money,debts and ients dae oz
payable,coming oz belonging to us,from any pcsson,fiui�, cotpotation ar legal eatitp
whatsoevec, including the Commonwealth of Pennsylvani� the United States of America,
the Social Secutity Adminisuation and any othes agenry of the State of Pennsylvania ox of
the United States of America.
2. To enter any sa£e deposit box,which I are rentess in my own right ot jointly with othess. _
3. To deposit funds in and wirhdraw fvnds from any account that I may have in any bank,
ttust company, mutual savings account bank oz savings and loan association, including
accounts I may hold joindy with othet pezsons,or to deposit funds in and withdraw funds
f�om any account in any fina.ncial institution which my said Attomep may cteate foc that
putpose.
4. To endoise notes,checks,dtaEts,and bills of exchange which may require xnine
endorsement foi deposit,foz cashing oi for collection.
S. To sell,transfet ot assign any peisonal propertp,stock,bond oc othet security or evidence of
debt oE which I am now possessed or in which I may now have or hereafter acquire an
interest in and to execute any and all instruments necessary to make such sale, transfer ox
assigument. �
G. To incut and pay any expense of keeping any teal estate T may omn or have an interest in,
or may hereaftes acquice,in good order and repaic,and to pay all taxes and other
expenses necessary to keep and maintain mine said teal estate;to lease all or paxts of my real
estate;and to borrow on the security of said real estate and�ve a mortgage to secure such
loazi;to sell auy pazt or all of my said real estate foi such price and to such purchasei as my
attomep-in-fact shall deem advantageous; and to make, eacecute, aclrnowledge and deliver
such deed mortgage ox othet instrutnent as shall be iequiued to cury out this POWER.
7. To busow money for my account and upon the security oE my estate and to pledge and
hypothecate as securiry foz such loan or loans any or all of my property and estate,and to
execute,acknowledge and delives to the lender or lendezs such notes,bonds and assignments
as inine said Attomey may deem necessary or advisable fot such puzposes.
8. To invest any funds received by my said Attomep as may be deemed pmper fot such
investmen�in the exetcise of prudent�vdgment,in said Attomey's absolute and sole
disrsetion.
9. In the absolute discretion of my said Attomey,to aPp2y any principal and income to tfse
payment of the cost of mp maintenance and cate,in any hospital, nutsing hame,public or
pxivate institution,or at my residence,and to the payment of anp medical,surgical,dental or
nucsing caze which may be or is requited for me.
10. In addition to the POWERs and ditections herein specifically given and conEerred,my said
Attorney shall have full POW�R,right and authouty to do,perfonn and cause to be done
and perEormed any and all acts, deeds,mattets and things in connection with any property
and estate owned by me oL in reasonable, necessary and proper as fiilly, effectively and
absolutely as if my said Attomey Ire thc absolute omner and possessot theteof.
l l. This Power oE Attomey shall not be affected by my disability oi incapacity, physical or
mental,but the authority heieby conferred shall be exercised by said Attomey,
notwithsranding my disability or incapacity.
12. I gtant to my said Attomey,power and authority to make and subsdtute in and concesning
the pzemises and attomep or attomeys undex and the same to revoke.
5
�
``13 I�moze than one petson Ys:named above as my Atmmey each pecson mamed may act�alorie
on one signa�ure,uritho�t consu]tanon tvsth tlxe othccs'' ':
14. I gtve and gzant uriEo my said At2orriey,of a'n'y sul�sfihite or snbsiihitcs, full PODV�R
and authoriry to do and necessary to do be done m and about the premises, as fiilly to a11
intents and purposes as I tnight or could do if personally present; hezeby xatifying and
confirming all that the said Attomey, or anp substihate or substitutes, shall lawfully do or
, � ^ cause to be done thetein by virtue of these presents.
IN WITNESS WHEREOF,and intending to be legally bound,I have heseunto set my hand and
seal this ]7`h day of July,2013.
' .�-��
Matilyn L. eeks
COMMONWEALTH OF PENNSYLVANTA .
COUNTY OF CUMBERLAND .
On this,the 17th day of JnIA,A.D.,2013,befoie me,the undersigned officet,personally appeared
MARILYN L. MEEBS known to me (or satisfactorily proven) to be the persoa(s)whose names
are subscxibed to the within insttumeut,and acknowledge that this petsoa executed the same for the
putpose therein contained.
IN WITNESS WHEREOF I HEREUNTO SET MY HAND AND OFFICIAT.SEAI.:
JAM . ACH,E
N Y PUBLIC
M anicsburg,PA 17Q50
Commission Expices: 05/]3/2015
On [his, the day of ,A.D.,2013 befoie me, the undezsigned officez,petsonallp
appeazed I'VOIVNE L.AUGUST known to me(or satisfactorily pxoven)to be the person(s)whose
names axe subscribed to the within instrument,and acknowledge that this petson executed the same
fot[he purpose therein contained.
IN WITNESS WHEREOF I HEREUNI'O SET MY HA1VD AND OFFICIAL SEAL:
NOTAR.Y PUBLIC
�r,;
On [his, the �'� day of AP�G , A.D., 261�5; befoxe me, the undersigned officez, personally
appeared GREGORY T. MEEKS known to me (ot satisfactorily ptoven) to be the petson(s)
whose names are subscribed to the within instrument, and acknowledge that this petson executed
the same for the putpose therein contained.
IN WITNESS WHEREOF I HEREUNTO SET MY HAND AND OFFICIAL SEAL:
COAAMONWEALTH OF PENNSYLVAMIk
NOTARIALSERl. -f� -
JIl15MEiCl�t,�;atery Pu61ic NOT <PUBLIC �
F�t�den Twp.,�e:nborlend Cnunty
MY Cammbebr�Expires��
G
�
i �
�
;
;
Adam R. Deluca, Esquire �
Alfied Attorneys of Central Pennsyivania, L.L.C.
61 West Louther Street
Cariisle, PA 17013
717-249-1177(Phone) �
717-249-4514(Fax) �
adeluca(a)aliiedattomevsllc.com
www.ali iedattornevsllc.com
This message may be protected by the aftorney-client privilege, and as such, may be privileged and confidenfial. The
information contained herein is personal and confidential and is only intended for the use of the recipient(s) named above. �
If you are not the intended recipient of this message you have received this transmission in error, and are hereby notified �
that any review, disseminafion, distribution or copying of this message is strictly prohibited. If you believe you have �
received this transmission in error, please immediately notify the sender and delete the originaf inessage.
!
From: Dave Nesbit[mailto•DaveCa�k�stoneelderlaw.com]
Sent:Thursday, July 02., 2015 4:11 PM
To: Adam R. Deluca
Cc: Amanda L Bobb; Jessica Fisher Greene
Subject: RE: County Office af Aging inquiry about Meeks
Here is the Order that we just received from the Court. (tt was emailed,..:not faxed...while I conversed with Attorney '
Deluca) It speaks for itself. I have not had time to review it but hope it is substantially as described by our earlier 1
conversations.
To ctarify this comment sent by email to Amanda Bobb at 12:13: i,
In the meantime, Mrs. Meeks will be safe under your care. Until this matter is resolved otherwise by the Court, I would I
encourage Country Meadows to use strict discretion to ensure Mrs. Meelcs safety,which might cause you to reconsider �
whether family visitation outside af your property is necessary or appropriate. The Petitioner,Greg Meeks, has ' �`
otherwise expressed no concern in relation to visitors Mrs..Meelcs should be permitted to receive under the roof of ' '
; i,;
Country Meadows. He defers to your judgement and Country Meadows normal policies a bout w hat is bes t for his !
, .
mother in that regard. . �
i
I think that the Interim Order resolves tihe matter for the moment. �
As for visits outside the property of Country Meadows,that can be discussed with the Court-Appointed temporary
guardian
Honoring tDignity and Independence i
Preserving Home and Wealth
Dauid D. Nesbit, M.P.A., CLTC,CCIM �
Attorney
Keystone Elder Law P.C. �
555 Gettysburg Pike � �
Suite C-100 •
Mechanicsburg, PA 17055 '
Voice: (717) 697-3223 '
Fax: (717)691-8070 � �
www.kevsto neeld e rlaw.co m
� i
. I � � i
2 �..e S p �
� I
'
� '
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
� �� : ORPHAN'S COURT DIVISION
MARILYN L. MEEKS •
An Alleged Incapacitated Person : No. 21-15-0751
ORDER
AND NOW, this day of , 2015, it is hereby ordered, based on
the within Findings of Fact and Conclusions of Law, that Marilyn L. Meeks is not partially or
totally incapacitated and is not in need of a guardianship. This record in this case is closed and
the Petition of Gregory T. Meeks is dismissed.
BY THE COURT
Christylee L. Peck, J.
David Nesbit, Esq.
Keystone Elder Law, P.C.
555 Gettysburg Pike
Suite C-100
Mechanicsburg, PA 17055
Attorney for Petitioner
Grace E. D'Alo
530 Greason Road
Carlisle, PA 17015
Court-Appointed Attorney for Marilyn L. Meeks
An Alleged Incapacitated Person
PROPOSED CONCLUSIONS OF LAW
1. Marilyn Meeks is not an incapacitated person in that the nature and extent of the mild
cognitive impairment she has does not prevent her from making and communicating
decisions about her own life and health. 20 Pa. Cons. Stat. Ann. § 5512.1(a) This is
amply supported in the record by Mrs. Meeks' testimony, Dr. Irwin's testimony, and
Adam DeLuca's testimony
2. No presumption of incapacity is permissible based solely on the fact that Marilyn Meeks
was in the secure dementia unit of Country Meadow Nursing Home. 20 Pa. Cons. Stat.
Ann.§ 5512.1(�.
3. Prior to being admitted to Country Meadows on April 17, 2015, Marilyn Meeks was not
incapacitated. (20 Pa. Cons. Stat. Ann. § 5512.1(a))
4. At no time after her release from Country Meadows and the dissolution of the Emergency
Guardianship on July 22, 2015, was Marilyn Meeks incapacitated. (20 Pa. Cons. Stat.
Ann. § 5512.1(a))
5. Marilyn Meeks is not totally or partially incapacitated in that she:
a. Can receive and evaluate information effectively;
b. Can communicate decisions in a way that is not impaired to such a significant
extent that she is totally unable to manage her financial resources; and
c. Can the meet essential requirements for her physical health and safety.
20 Pa. Cons. Stat. Ann. § 5501.5
6. Because Petitioner offers only speculation regarding Marilyn Meeks future, this Court
concludes as a matter of law Marilyn Meeks has less restrictive alternatives in place that
assure her health safety and welfare and that and that she has a right to honor, dignity,
and the freedom to decide how she wants to manage her life. 20 Pa. Cons. Stat. Ann. §
5518.
Ilv RE:
: ORPHAN'S COURT DIVISION
MARILYN L. MEEKS, :
An Alleged Incapacitated Person : .
: Docket No. 21-15-0751
RESPONSE TO COURT ORDER OF SEPTEMBER 18,2015
REQUEST FOR PROPOSED FINDINGS OF FACT AND PROPOSED ORDER
The following proposed factual findings, conclusions of law, and Order, are based on the
testimony, exhibits and record in this case. 20 Pa. Cons. Stat. Ann. § 5512.1(a)
1. Marilyn Meeks is 88 years old and currently lives at her home at 4811 Brain Road,
Mechanicsburg, PA.
2. The case began on July 2, 2015, with the filing of an Emergency Petition for the
Adjudication of Incapacity by the Petitioner, Gregory Meeks, by and through his counsel,
David D. Nesbit.
3. On July 2, this Court signed an Order that appointed Gregory T. Meeks, hereinafter
"Petitioner", as guardian of the estate/person of Marilyn Meeks until a hearing could be
held. That hearing was scheduled and held on July 22, 2015.
4. Grace E. D'Alo was appointed as counsel for Marilyn Meeks by Order of Court dated
July 6, 2015.
5. Between April 17 and July 22, 2015, Marilyn Meeks was residing in the Secure Dementia
Unit of Country Meadows at the behest of her son, Marilyn Meeks.
6. On April 10, 2015, prior to being admitted to Country Meadows, Ms. Meeks suffered an
accidental fall. EMTs were called and rendered assistance. The EMT report from that
incident shows that shortly after the fall Marilyn Meeks was:
a. Oriented to person, place, time and event;
b. Had no head injury, was not intoxicated or showing signs of chest pain,
shortness of breath, loss of consciousness, and that
c. No further care was needed.
(Respondent's Exhibit#2)
2. Prior to being admitted to Country Meadows on April 17, 2015, Marilyn Meeks
was the patient of Kathleen Sempeles, M.D., a family practice physician.
3. Dr. Semples never referred Marilyn Meeks for a neurological exam or performed
a mini-mental status exam on her. (Testimony of Dr. Sempeles on September 18)
4. Marilyn Meeks' last visits to Dr. Sempeles were on March 10 and March 24 of
2015.
5. On the stand, Dr. Sempeles identified her Outpatient Notes from those office
visits in her testimony on September 18, 2015 (Respondent's Exhibits #10 and
#11)
6. Respondent's Exhibits #10 and #1 lshow that in the month prior to her admission
at Country Meadows Dr. Sempeles did not assess, note or mention that Marilyn
Meeks has a neurological disorder, dementia, vascular dementia, hallucinations or
delusions.
7. Petitioner's only medical evidence was offered through Dr. Sempeles and
consisted of the form she completed for Country Meadows on April 14, 2015.
(Petitioner's E�ibit#7, See Paragraph 10 below)
8. On the stand on September 18, 2015, Dr. Sempeles confirmed that after March
24, 2015, she had no office visits with Marilyn Meeks and had no communication
with her.
9. On April 17, 2015, Marilyn Meeks was admitted to the Secured Dementia Unit of
Country Meadows based, in part, on Dr. Sempeles averments in Petitioner's
Exhibit#7.
10. Petitioner's Exhibit #7 is the form that Dr. Sempeles completed on April 14,
2015, to secure placement of Marilyn Meeks in the Secured Dementia Unit. As
stated above, prior to April 14, Dr. Sempeles's records and Petitioner's evidence
are more notable for what is not included:
i. Prior to April 14, 2015, there nothing in any Outpatient Notes
authored by Dr. Sempeles or any other doctor of Marilyn Meeks
having dementia, vascular dementia, hallucinations or delusions.
ii. Dr. Sempeles testified that she did not perform a mini-mental
status exam;
iii. Dr. Sempeles testified that she did not refer Marilyn Meeks to a
neurologist;
iv. Dr. Sempeles filled out the Country Meadow's form after
"reaching out"to Michelle Meeks.
v. Dr. Sempeles did not "reach out" to Marilyn Meeks, talk to her,or
communicate with her in anyway after March 24.
vi. Dr. Sempeles did not follow up on the EMT report regarding
Marilyn Meeks fall on April 10, (See Paragraph 6 above) and
testified that she would have been surprised by its conclusions.
11. Country Meadows did a pre-screening assessment of Mrs. Meeks on April 16,
2015. (Respondent's Exhibit#1)
12. The Personal Care Home Assessment Form, signed by Amanda Bobb, the
Executive Director of the Dementia Unit assessed Mrs. Meeks in:
a. Activities of Daily Living;
b. Instrumental Activities of Daily Living;
c. Ability to Hear;
d. Ability to See;
e. Understanding Instruction and what is said;
f. Ability to communicate needs and articulate thoughts, and
g. Memory.
(Respondent's Exhibit#1)
13. In all the categories listed above, Marilyn Meeks was assessed as having either
"No impairment" or "Impairment evident but does not interfere with everyday
functioning".
(Respondent's Exhibit #1, Transcript of hearing on July 22, 2015 [hereinafter
"Transcript], testimony of Amanda Bobb, Executive Director of the Secured
Dementia Unit at Country Meadows, pp. 35-37)
14. Amanda Bobb further testified the "[Marilyn Meeks'] family had a location for
her independent living. Something happened. I apologize. I am not sure exactly
what it was." (Transcript, p. 28)
15. Petitioner did not offer any factual, medical or anecdotal evidence regarding
Marilyn Meeks' mental or physical status or condition while she was in the
Secured Dementia Unit at Country Meadows between April 17 and July 22 of
2015.
16. Seven e�ibits were entered into the record on behalf of Petitioner and only the
last relates to Marilyn Meeks' alleged incapacity. This is Petitioner's Exhibit #7
and it is fully discussed.
17. On July 22, this Court dissolved the Emergency Guardianship that gave Petitioner
plenary power over his mother's person and estate.
18. On July 2 and after July 22, 2015, Marilyn Meeks had several conversations and
meetings with an attorney, Adam DeLuca, Esq, to prepare a new POA, Will, and
Advanced Health Care Directive.
(Respondent's Exhibit#5)
19. Pursuant to ABA standards, Mr. DeLuca assessed Marilyn Meeks' mental
capacity. Mr. Deluca determined that Marilyn Meeks was and is, in brief, more
intelligent, reasoned and aware than most of his clients of any age.
a. Marilyn Meeks was able to discuss options available to her and make
reasoned choices;
b. Marilyn Meeks was able to communicate her financial concerns and life
style preferences;
c. Marilyn Meeks understood the implications of her decisions.
20. After July 22, pursuant to this Court's Order, Marilyn Meeks saw Dr. Irwin, a
neurologist at the University of Pennsylvania and an expert in his field.
(Respondent's Exhibit# 8, Resume and CV of Dr. Irwin)
21. Dr. Irwin prepared a report reflecting his assessment of Marilyn Meeks.
(Respondent's Exhibit#9)
22. The salient findings in Dr. Irwin's report are:
i. Marilyn Meeks appeared well medically.
ii. A neurologic evaluation revealed that Marilyn Meeks was attentive
during the course of the evaluation.
iii. During the evaluation, Marilyn Meeks was oriented to person,
place and time.
iv. Marilyn Meeks' score on the Mini Mental Status Exam was 27 out
of 30, only failing to correctly spell the word "warld" backwards—
she inverted two letters.
v. Marilyn Meeks' recognition was reliable.
vi. Marilyn Meeks made no grammatical errors.
vii. There was no problem with repetition.
viii. Marilyn Meeks was not depressed.
ix. Marilyn Meeks appeared to have some lack of insight into her
difficulties.
(Respondent's E�ibit#9, p. 3)
b. Dr. Irwin testified and concluded in his report "Due to the relative
preservation of her episodic memory, I do not feel that an early stage of
Alzheimer's is likely." (Emphasis added)
(Respondent's Exhibit#9, p. 4)
c. Dr. Irwin testified and concluded: "I believe [Marilyn Meeks] has mild
executive and visuospatial difficulties that are likely related to her small
vessel atherosclerotic cerebrovascular disease."
(Respondent's Exhibit#9, p. 4)
d. Dr. Irwin expressed concerns that Marilyn Meeks may need assistance
handling a complex regimen of inedications but also stated in relation to
that issue:
"We discussed visiting companions and health aides, day centers and
inpatient facilities.
(Respondent's Exhibit#9, p. 4)
23. Dr. Irwin did not conclude in either his testimony or his report:
a. That Marilyn Meeks had dementia, vascular dementia, or suffered from
hallucinations or delusions (note that dementia, vascular dementia and
cerebrovascular disease are distinct diagnoses);
b. That Marilyn Meeks is totally or partially incapacitated;
c. That Marilyn Meeks needs a guardian.
24. Dr. Irwin's report and testimony support factual conclusions that Marilyn Meeks:
a. Can receive and evaluate information effectively;
b. Can communicate decisions in a way that is not impaired to such a
significant extent that she is totally unable to manage her financial
resources; and
c. Can the meet essential requirements for her physical health and safety.
25. All of the medical evidence and testimony supports the factual conclusion that
Marilyn needs some assistance with some complex tasks of daily living and that
help can be provided through family members, neighbors, and support services.
26. Petitioner presented no factual evidence as to why less restrictive alternatives are
not appropriate. Petitioner offers only speculation that at some undetermined time
in the future Marilyn Meeks may experience health problems, could possibly
resist treatment, might change her Power of Attorney. Following Petitioner's
logic, all of us could be placed in secured dementia units.
27. Yonne August has demonstrated exceptional care and concern for her mother in
the past several years and has willingly assumed the duties and responsibilities
under the Power of Attorney entered on the record as Respondent's Exhibit#5.
28. Yvonne August statements to the Court in the Information submitted to this Court
on September 21 appear reliable and this Court believes that Ms. August will
continue to provide care for her mother based on advice from neurological and
geriatric experts, to assist her mother with medications, to procure support
services as needed, to monitor her mother's health, and do whatever else is
necessary to assure Marilyn Meeks' health, safety and general welfare.
��� : ORPHAN'S COURT DIVISION
MARILYN L. MEEKS :
An Alleged Incapacitated Person : No. 21-15-0751
CERTIFICATE OF SERVICE
/
AND NOW, this a1� day of September 2��I, Grace E. D'Alo hereby certify
that I have served a true and correct copy of the attached "INFORMATION AND PROPOSED
ALTERNATIVE ORDERS IN RESPONSE TO COURT ORDER OF SEPTEMBER 18, 2015"
through e-mail to dave(cr�keystoneelderlaw.com on September , 2014, and by regular
first mail, through the United States Postal Service, to the following person at the following
address and:
DAVID NESBIT, Esq.
Keystone Elder Law, P.C.
5 5 5 Gettysburg Pike
Suite G100
Mechanicsburg, PA 17055
Attorney for Petitioner
ctfully Submitted,
�
RA E E. D'ALO
urt Appointed Attorney for the
Alleged Incapacitated
30 Greason Road
Carlisle PA 17015
ATTORNEY ID #26146