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HomeMy WebLinkAbout05-17-05 IN THE MA TIER OF THE PERSON AND ESTATE OF: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA TERESA J. CEJA, AN ALLEGED INCAP ACIT ATED PERSON ORPHANS' COURT DIVISION NO. PETITION FOR THE APPOINTMENT OF EMERGENCY PLENARY GUARDIAN OF THE PERSON AND ESTATE IN ACCORDANCE WITH 20 P.S. ~5513 AND FOR PERMANENT PLENARY GUARDIAN OF THE PERSON AND ESTATE PURSUANT TO 20 P.S. ~5511 AND NOW COMES THE PETITIONER, the Area Agency on Aging, in and for Cumberland County, Pennsylvania, by its solicitor, Anthony L. DeLuca, Esquire, who represents and avers as follows: 1. The Petitioner is the Area Agency on Aging, in and for Cumberland County, with its office located at 16 West High Street, Carlisle, Cumberland County, Pennsylvania. 2. The alleged incapacitated person is Teresa J. Ceja, age 75, who resides alone at Fairmount Apartments 1108 Yverdon Drive, Apartment C-4, Camp Hill, Cumberland County, Pennsylvania and has resided there for a period exceeding one (1) year prior to the filing of this Petition. 3. The only known relatives of the alleged incapacitated person are: a. Eric Ceja, Sr. - Son 536 Thrush Court Harrisburg, P A 17111 b. Eric Ceja, Jr. - Grandson Summerdale Apartments Summerdale, P A 17093 _..l <.;? N CJ) c. Cheryl Oritz - former daughter-in-law 22 South Third Street Apartment 3 Lemoyne, PA 17043 4. Teresa J. Ceja, has, for at least three (3) months, been incapable of managing and caring for herself and her financial affairs. 5. Teresa J. Ceja exhibits symptoms of mental incapacity, including but not limited to advanced senile dementia Alzheimer's type. 6. Teresa J. Cej a's mental incapacity prevents her from managing and caring for the affairs of her person and estate. 7. On or about September 27, 2004, Petitioner received a report of strange behavior and inability of Teresa J. Ceja to care for herself. 8. On or about April 27, 2005, she ran a stop sign in the Borough of Camp Hill and was stopped by a police officer, at which time she yelled at him, appeared to be very confused, and was unable to give accurate information. 9. The Camp Hill police officer requested an ambulance. She was uncooperative with EMS and was unable to answer their questions. 10. Teresa J. Ceja was transported to Holy Spirit Hospital were she was a poor historian in the emergency room and scored poorly on the mini mental test given to her. 11. The medical conditions of Teresa J. Ceja are as follows: a. Heart; b. HTN; c. Osteoarthritis; d. UTI; and e. Advanced senile dementia Alzheimer's type. 12. Petitioner's authorized representative visited Fairmount Apartments on May 9, 2005 and spoke with the apartment manager who stated the following: a. That Teresa J. Ceja had been observed climbing into and rummaging in dumpsters; b. That Teresa J. Ceja had been seen driving on the wrong side of the road; c. That Teresa J. Ceja would walk into a neighbor's apartment without knocking and would show people her bank statements; d. That Teresa J. Ceja had locked herself out of her apartment on a daily basis during the month prior to her admission to Holy Spirit Hospital; e. That Teresa J. Ceja had been observed wearing the same clothes day after day and that staffhad observed a decline in her mental status during the past six (6) months; and f. That the lease of Teresa J. Ceja would not be renewed when it expires in June, 2005 and that the staff at the apartments believe she is not safe living alone. 13. The son, Eric Ceja, Sr., and grandson, Eric Ceja, Jr., have both been contacted and do not want any involvement in her care. The former daughter-in-law, Cheryl Oritz, is concerned about the welfare of Teresa J. Ceja but is unable to help out because she is legally blind and has to rely on public transportation to get around. 14. On May 2 and May 4,2005, Petitioner's authorized representative visited Teresa J. Ceja at Holy Spirit Hospital and she was unable to relate the incident leading up to her hospitalization. 15. During the visits to Holy Spirit Hospital on May 2 and May 4, 2005, the following observations were made of Teresa J. Ceja: a. That she spoke rapidly; b. That her thoughts were disjointed; c. That her sentences were fragmented; and d. That the protective service case manager had great difficulty following her conversation because nothing made sense. 16. Petitioner has determined from a psychiatrist and also another physician that Teresa J. Ceja has impaired decision making capacity regarding her ability to care for herself. 17. Teresa J. Ceja is medically stable and eligible to leave the hospital but she would not be safe to return to her apartment. 18. Holy Spirit Hospital has no medical justification to keep her in the hospital and must discharge her as soon as possible. 19. Petitioner believes and, therefore, avers that Teresa J. Ceja will be at risk of death or irreparable harm if she is discharged without the appointment of Emergency Plenary Guardians of her Person and Estate. 20. Petitioner requests that it be appointed Emergency Plenary Guardians of the Person and Estate of Teresa J. Ceja. 21. The proposed Guardian has no interest which is adverse to the interest of Teresa J. Ceja. 22. Petitioner believes, and, therefore avers that Teresa J. Ceja does not already have a Guardian. 23. Petitioner asserts that Teresa J. Ceja is incapacitated as defined in Chapter 55 of the Probate Estates and Fiduciaries Code. 24. Because of her impaired mental condition, Teresa J. Ceja lacks the capacity to provide for her own personal care and maintenance. 25. Petitioner believes and, therefore, avers that Teresa J. Ceja's only known source of income is $663.00 a month from social security. 26. Because of her impaired mental condition, Teresa J. Ceja is unable to manage her financial affairs, property and business and to make and communicate responsible decisions relating thereto. 27. A power of attorney would be a less restrictive alternative than Guardianship but none exists to the knowledge of the Petitioner. 28. No member of Teresa J. Ceja 's family is in a position to assume responsibility as Guardian of her Person and Estate. 29. To Petitioner's knowledge, no previous application has been made for the order herein requested or for a similar order. 30. No other Court has ever assumed jurisdiction in any proceeding to determine the incapacity of Teresa J. Ceja. 31. Teresa J. Ceja, if discharged from Holy Spirit Hospital for failure to have a Guardian of her Person and Estate, would be unable to function on her own at home and Petitioner believes and, therefore, avers that Teresa J. Ceja would be at imminent risk of serious bodily harm because there would be no one to care for her. 32. The failure to appoint Petitioner as Emergency Plenary Guardian of the Person and Estate of Teresa J. Ceja and later as Permanent Plenary Guardian of her Person and Estate would result in irreparable harm to the person and estate of Teresa J. Ceja. 33. To eliminate the imminent risk of harm to Teresa 1. Ceja, Petitioner, if appointed as the proposed Emergency and Permanent Plenary Guardian of her Person and Estate, will seek to place her in an assisted living facility containing a dementia unit because that is the least restrictive alternative available for her. WHEREFORE, the Petitioner respectfully requests that: l. The Court appoint the Area Agency on Aging, in and for Cumberland County, Pennsylvania as Emergency Plenary Guardian ofthe Person and Estate of Teresa J. Ceja pending a final hearing on this Petition with such Emergency Guardian having full power to place her in an assisted living facility containing a dementia unit and such other powers and restrictions the Court deems proper; 3. Pursuant to 20 Pa.C.S.A.s5513, the Court find that the emergency necessitating the filing of this Petition will continue beyond seventy-two (72) hours from the date of any Emergency Order; 4. Pursuant to 20 Pa.C.S.A. S5513, the Court schedule a final hearing on or within 23 days from the date of any Emergency Order; and 5. The Court appoint the Area Agency on Aging, in and for Cumberland County, Pennsylvania as Permanent Plenary Guardian of the Person and Estate of Teresa J. Ceja Respectfully Submitted, ~~~ "'~' ..' -,' -~ ,/'~ .," t:i '~~t'.c"~ ~ ""-.;.~. Anthony L. De uca, EsqUIre . ~ fP 113 Front Street P.O. Box 358 Boiling Springs, Pennsylvania 17007 (717) 258-6844 VERIFICATION I hereby verify that the facts and information set forth in the foregoing Petition for the appointment of Emergency Plenary Guardian of the Person and Estate in accordance with 20 P .S. S5513 and for Permanent Plenary Guardian of the Person and Estate pursuant to 20 P.S. ~5511 of Teresa J. Ceja are true and correct to the best of my knowledge, information, and belief. I understand that any false statements contained herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: .-m we I '1j 600 S c?J1J.Jf11'l.0Q~~ Priscilla Whitman