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Home My WebLink About09-28-15 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: ORPHANS' COURT DIVISION MARTHA DANNER, No. I1i17 of 2015 An Alleged Incapacitated Person � - � PETITION FOR APPOINTMENT OF GUARDIAN � o _� =i � �; TO THE HONORABLE, THE JUDGES OF SAID COURT: � � e.'i � , � JOHN HOLLY, EXECUTIVE DIRECTOR OF GOLDEN LIVING CENTEF�WEST ;-; . � SHORE ("Golden Living Center'), files this Petition for Appointment of Permanent P�en2ry -`;; 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 respectfully represents as follows: t. MARTHA DANNER (the "Alleged Incapacitated Person") is a siuty-four year-old (64)female born on October 1, 1950. 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, and has resided there since initial admission on December 6, 20'11. 3. The Alleged Incapacitated Person has been approved for Medical Assistance Long Term Care ("MA-LTC") benefits, with an effedive date of December 6, 2011. 4. Upon information, the Alleged Incapacitated Person has never been married and has no known relatives but has a known case worker, Candice Bifolukowski, who's address is 1801 North Front Street, Harrisburg, PA 17102. 5. The following persons or institutions provide the listed services to the Alleged Incapacitated Person: Name Address Service Golden Living Center 770 Poplar Church Road Residential Skilled Camp Hill, PA 17011 Nursing Services Thomas Kunkle, M.D. 550 Brandl Avenue Attending physician New Cumberland, Pa 17070 AlixaRX 1041 Washington Pike Sle 100 Prescriptions Bridgeville, PA 15017 6. The Alleged Incapacitated Person's physician has diagnosed her physical and mental condition as including, but not limited to, a moderate intellectual disability, and depressive disorder. The physician has opined that the Alleged Incapacitated Person's functional limitations indude an inability, without the care, supervision and the continued assistance of other, to satisfy requirements for nourishment, personal and medical care, shelter, self-proteQion and safety, and the management of fnancial resources, and that the treatment rendered to date has been unsuccessful in significantly improving the aforementioned conditions and functional limitations. 7. Golden Living Center has been advised and believes that the Alleged Incapacitated Person's ability to receive and evaluate information effectively and communicate responsible decisions is significantly impaired and currently preclude the Alleged Incapacitated Person from independently attending to issues of inedical treatment, residential care and all matters concerning personal affairs and also the management of any financial affairs. S. 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 thal the Alleged Incapacitated Person is totally incapacitated within the meaning of 20 Pa.C.S. §§ 5501, et seq. with regard to matters concerning the Alleged Incapacitated Person's person and estate. 9. Golden Living Center has identified Keystone Guardianship Services, with an address of P.O. Box 804, Elizabethville, PA 17023, as a potential permanent plenary guardian of the Alleged Incapacitated Person's person 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. 10. Golden Living Center has investigated less restrictive alternatives to the relief requested herein, but such are not feasible due to the current situation and conditions described above. Such conditions preclude the making of voluntary, informed judgments by the Alleged Incapacitated Person regarding the management of personal and financial affairs. The relief requested herein is believed to be the least restrictive available, in accordance with the recommendation of the Alleged Incapacitated Person's physicians. 11. Upon information and belief, the Alleged Incapacitated Person's assels and income include, but are not limited tq the following: . Social Security $738.00 per month for which Social Security has appointed Golden Living Center as representative payee; 12. Golden Living Center believes, and therefore avers, that the potential for conflict with regard to issues of the identity of guardian and of incapacity are minimal, as: the medical evidence is uncontroverted; the Alleged Incapacitated Person is cognitively impaired, demented and delusional; and Golden Living is acting as Represenlative Payee for the Alleged Incapacitated Person's Social Security payments. Golden Living Center knows of no known relatives, and therefore is not aware of whether any potential relatives have an objection to the relief requested herein. 13. Due to the Alleged Incapacitated Person's general medical conditions, it is believed that the Alleged Incapacitated Person's treating physicians would likely fnd that her presence in court would be harmful and detrimental to her physical or mental condition. 14. To the best of Golden Living Center's knowledge, information and belief, there is not now, nor has there ever been, a guardian appointed for the person or estate of the Alleged Incapacitated Person. 15. To the best of Golden Living Center's knowledge, information and belief, no court has ever assumed jurisdiction in any proceeding to determine the capacity of the Alleged Incapacitated Person. 16. To the best of Golden Living Center's knowledge, information and belief, the Alleged Incapacitated Person was not a member of the Armed Services of the United States and is not receiving any benefits from the United States Veterans Administration. WHEREFORE, Golden Living Center respectfully requests the appointment of a permanent plenary guardian of the person and estate and that a Citation be issued directed to the Alleged Incapacitated Person to show cause why she should not be adjudged incapacitated and why a permanent plenary guardian of her person and estate should not be appointed. TUCKER ARENSBERG, P.C. 7 By Kevin L. squir� Pa.I.D. #311826 TuckerArensberg, P.C. 2 Lemoyne Dnve, Suite 200 [ � Lemoyne, PA 17043 Dated: � �� ) � � (717) 234-4121 CONSENT TO SERVE AS GUARDIAN Thls is to certitythat I, /�,,.�.,a�_.e�f_��•em the Oau'i�✓r of KEYSTONE GUARDIANSHIP SERVICES and am unrelated to MARTHA DANNER, the Alleged Incapacitated Person. I have been informed that the Alleged Incapacitated Person has the iilness stated in the Petitlon for Appointment of Guardian of Person and Estate. I am authorizsd to state that KEYSTONE GUARDIANSHIP SERVICES is willing to serve as guardian of ihe person and estate of MARTHA DANNER if so appointed by the Court. I also cedi�y 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 M a guardian. KEYSTONE GUARDIANSHIP SERVICES has no interest adverse to Ihat of the Alleged Incapecitated Person and is not a fiduciary of any estate, tmst or similar funtl in which the Alleged Incepadtated Person has an interest �� Keystone Guardianship Services By: � dwo �I°S�,�i-s..,a�..�_.8 Na e: CoNs+.I�vcE E�$roNE2oa0 Titla: FteESroe.vf Da[ed: 9 �(o �-r , 2015 VERIFICATION �G��S�a��O"_ ��+r Oolden LIWng Center stefe, S that tl�e facts tained in the foregoing Petition are We and correct b ihe basl o( my knowledge, information and 6eflef. This VerlficeUon is made si&ject to the penelties of 18 Pa. C.S. §4904 relating to urrewom falsiflcation to authorities. GOLDEN LIVING CENTER I I Print Nam� ,Y � �/� Title: frrc - 7 Dafed: t Z , 2015 � (