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HomeMy WebLinkAbout02-0866 ATTORNEYS AT LAW Kimber L Larsha Douglas C. Yohc** Glenn R. Davis Kevin M. McKenna*** David C. Marshall Jonathan M. Crist Barbara G. Graybill Timothy W Garvey* Steven M. Monrresor* Christine L Sudlmv* Chalhvick O. Bogar Duane P. Stone lATSHA DAVIS & YOHE, PC. PLEASE REPLY TO, WRITER'S E- MAIL Harrisburg cbogar@ldylaw.com September 20, 2002 Orphans' Court Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013-3387 Also admirred *Nj "'*NC, MD ***Nj, OC Re: Erma M. Elicker - Guardianship Messiah Village Our File No.: 780-02 Dear Sir or Madam: Enclosed please find an original and three (3) copies of a Petition f r Adjudication of Incapacity and Appointment of an Emergency Guardian; Preliminary De ree; and Proposed Order in the above-referenced matter, along with a check for $32.00 for filing fee Please certify and return the copies to our office in the self-addressed stamped envelope. ank you for your assistance in this matter. Sincerely, ~~~ Enclosures cc: John D. Finley, Vice President of Resources, CFO (w / enc.) Shaun O'Toole, Esq. (w / enc.) Kimber 1. Latsha, Esq. (w /0 enc.) 77445 Post Oftke Box 825. Hanisburg, PA 17108-0825 4720 Old Gerrysburg Road, Suire 101' Mechanicsburg, PA 17055. (717) 761.1880. FAX 717) 761.2286 7 Grear Valley Parkway, Suire 221' Malvern. PA 19355' (610) 251-6985' FAX (610 407-9265 3000 Arrium Way, Suire 251 . Mr. Laurel, NJ 08054' (856) 231-5351 . FAX (856) 31.5141 Maryland Telephone, (410) 727.2810 SEP 2 5 ZODi IN THE COURT OF COMMON PLEAS - CUMBERLAN COUNTY ORPHANS' COURT DIVISION CIVIL ACTION - I CAPACITY IN RE: ERMA M. ELICKER An Alleged Incapacitated No. O}I-D~- ~lo PETITION FOR AD UDlCATION OF INCAPAC TY .::-' AND APPOINTMENT OF A PLENARY GUARD AN AND NOW, COMES, Messiah Home d/b/ a Messiah Village "Messiah Village"), by and through its attorneys, Latsha Davis & Yohe, P.c., a d hereby petitions for adjudication of incapacity and appointment of a plenary guardi of the estate and person of Erma M. Elicker and, in support thereof, represents as foIl ws: 1. The name of the alleged incapacitated person is Erma . Elicker. 2. Erma M. Elicker is 88 years of age and currently reside at Messiah Village, 100 Mt, Allen Drive, Mechanicsburg, PA 17055. 3. Petitioner, Messiah Village, a Pennsylvania non-profit orporation, is a residential and long-term skilled nursing care provider, with offices ocated at 100 Mt. Allen Drive, Mechanicsburg, PA 17055. 4. Upon information and belief, Erma M. Elicker has no a ult heirs. 5. Because of Erma M. Elicker's complete incapacitation a d inability to handle her personal and financial affairs, a guardian of her estate an person is sought. (Erma M. Elicker suffers from severe Alzheimer's disease.) 77419 6. At present, Erma M. Elicker does not have an agent or ardian to either consent to or reject the treatment andlor care being rendered to her y Messiah Village. 7. If Erma M. Elicker's health were to suddenly decline, need emergency care andlor services, Messiah Village would be u ble to render appropriate care andlor services to her because Ms. Elicker is incap citated and, therefore, unable to consent to medical treatment. 8. Upon information and belief, Erma M. Elicker receive monthly social security payments in excess of Seven Hundred and 00/100 ($700.00) Dollars and has an account with Mellon Bank. (The balance in this account is approxi ately Fifty Thousand and 00/100 ($50,000.00) Dollars.) 9. In similar situations, Messiah Village has engaged the ervices of Shaun O'Toole, Esq., dlbl a Amaryco Guardianship Services, a Pennsylva proprietorship located at 2813 North Second Street, Harrisburg, Pe ylvania 17110, to serve as guardian of the estate andlor person for individuals such a Erma M. Elicker. Messiah Village has contacted Mr. O'Toole and he is willing to act a guardian of Erma M. Elicker's estate and person for an initial fee of Six Hundred Fifty ollars ($650.00) and, thereafter, a monthly fee of Three Hundred Dollars ($300.00). ( pon the exhaustion of Ms. Elicker's estate, Amaryco Guardianship Services as agreed to reduce its monthly fee to One Hundred and 00/100 ($100.00) Dollars, said r te being compliant with applicable Medicaid regulations.) 77419 2 10. Shaun O'Toole, Esq., d/b/ a Amaryco Guardianship rvices, is qualified to act as guardian over the estate and person of Erma M. Elicker by irtue of his familiarity and experience in acting as guardian for individuals wit diminished capacities such as Erma M. Elicker. 11. Shaun O'Toole, Esq., d/b/ a Amaryco Guardianship rvices, has no interests which are adverse to Erma M. Elicker's. 12. No advanced directives, wills or powers-of-attorney ve been found appointing a guardian for Erma M. Elicker. 13. Upon information and belief, Erma M. Elicker was nei er member of the armed forces, nor a recipient of Veterans Administration benefits. 14. No other Court within this Commonwealth, of which essiah Village has knowledge, has appointed a guardian for Erma M. Elicker. 77419 3 WHEREFORE, Petitioner, Messiah Home dlbl a Messiah Villa e, prays Erma M. Elicker be ordered to show cause, if any there be, why Erma M. Elic er should not be declared an incapacitated person and Shaun O'Toole, Esq., dlbl a ryco Guardianship Services, appointed plenary guardian of her estate an person. Respectfully submitted, LATSHA DAVIS & YOHE, .c. Dated: '1/2. 6/0 7' ( I B Chadwick O. Bogar Attorney 1. D. No. 83 55 P. O. Box 825 Harrisburg, PA 1710 -0825 (717) 761-1880 Attorneys for Petitioner, M ssiah Home dlb I a Messiah Village 77419 4 ShauI'-J. OToole ,"HlI/1II.lll:UU~ UI$;;in l"A& 1~'nUIZ~fHS (717)218-0272 08/17/02 0S:0SP Lat&ha, DaVl&&YOhe P.003 CONSENT OF PROPOSED GUARDIAN 1o!I009/014 Shaun O'Toole, Esq., d/b/ a An\aryc:o Guardianship Services, oes hereby certify t1u.t he ill willing to act as plenary guardian (If the estate and person f Erma M. Elicker, an alleged incapac.itated person, if the Court shall 90 appoint. Furthel". Shaun O'Toole, Esq., d/b/a Amatyco Guardiarlship ,hereby certifies that he is not lI. fiduciary of any estate in which Erma M. EIic has an intere&t, JIOr has he lII\Y interest currently advmle to the alleged incapacitated er!lOn's. Dated: 0"1 / L 1/01. ~ ~.c01\ Shaun O'Toole, Esq., /'0/ a Amaryco GUM . Services >7419 messiah vi 1 1 age 7177855588 08/18/02 08:48A P.008 09/17/2002 08:23 FAX 7177612286 Latsha,Dav1s&Yohe 1lJ008 VERIFICATION The undersigned hereby verifies that the statements of fact in foregoing document are true and correct to the best of my knowledge, informa . on and belief. I understand thatany false statements therein are subject to the penal . s contained in 18 Pa. C. s. Ii 4904, relating to unsworn falsification to authorities. , Dated: "1/1 yJ :IN"L- 77419 lATSHA DAVIS & YOHE, PC. ATTORNEYS AT LAW PLEASE REPLY TO, Harrisburg WRITER'S E. MAIL cbog_Idylaw.com October 1, 2002 Via RelfUlar Mail & Facsimile - (717) 240-6462 The Honorable George E. Hoffer Cumberland County Courthouse One Courthouse Square 3rd Floor Carlisle, P A 170 Erma M. Elicker - Guardianship Messiah Village Docket No.: 2002-866 Our File No.: 780-02 ",,.,-'-".,,,,,-,,,,,,,,=~~:::'''-<~~'' ~.,,.,..,~ '" ( ..Q, Kimber L LHsna Douglas C. Yohe** Glenn R. Davis Kevin M. McKenna*** David C. Marshall Jonathan M. Crist Barbara G. Graybill Timothy W Garvey* Steven M. Montresor* Christine L SuJlmv* ChaJwick 0. Bogar Duane P. Stone Also admitted *N] **NC, MD ***N],OC Please be advised that counsel has not been retained by or on beha of Ms. Erma M. Elicker in the above-referenced matter in accordance with 20 Pa.C.S. S 5511(a). . Elicker is 88 years of age, and currently resides at Messiah Village, 100 Mt. Allen Drive, Mecha 'csburg, P A 17055. Petitioner, a Pennsylvania non-profit corporation, is a residential and Ion -term nursing care provider with offices located at 100 Mt. Allen Drive, Mechanicsburg, P A . 7055. A plenary guardian of Ms. Elicker is sought due to Ms. Elicker's co plete incapacitation and inability to manage her personal and financial affairs. Ms. Elicker do s not have an agent or attorney-in-fact. Upon information and belief, Ms. Elicker's estate consist of approximately $50,000.00. Based on Ms. Elicker's incapacitated state and sizable estate, it is should be appointed to represent her in this matter. Should you have an lieved that counsel questions or need Post Office Box 825 . Harrisburg, PA 17108~0825 4720 Old Gettysburg Road, Suite 101 . Mechanicsburg, PA 17055 . (717) 761.1880 . FA (717) 761.2286 7 Great Valley Parkway, Suite 221 . Malvem, PA 19355 . (610) 2\1-6985 . FAX (61 ) 407.926\ 3000 Atrium Way, Suite 251' Mt. Laurel, NJ 08054. (856) 231-5351' FAX (856) 231.5341 Maryland Telephone, (410) 727.2810 77846 T:,e Honorable George E. Hoffer October 1, 2002 Page 2 further information, please feel free to contact me at (717) 761-1880. Very truly yours, C/t~1rJIDr Chadwick O. Bogar cc: lohn D. Finlev, Vice President of Resources, CFO _ J Shaun O'Toole, Esq. Kimber L. Latsha, Esq. 77846 SEP 2 5 2002 Chadwick O. Bogar, Esq. Latsha Davis & Yohe, P.c. P.O. Box 825 Harrisburg, PA 17108-0825 (717) 761-1880 IN THE COURT OF COMMON PLEAS - CUMBERLAN COUNTY ORPHANS' COURT DIVISION CIVIL ACTION - I IN RE: ERMA M. ELICKER An Alleged Incapacitated No..;Jt-Ca- w(.., PRELIMINARY DECREE AWARDED-CITATION AW RDED- PLENARY GUARDIAN AND NOW, this 30 'fr.L/ day of consideration of the attached Petition for Adjudica on of Incapacity of Plenary Guardian of the Person and Estate, it is hereby Ordered a 2002, upon nd Appointment d Decreed that: 1. A citation is awarded, directed to Erma M. Elicker to s ow cause why she should not be adjudicated an incapacitated person and why a PLEN RY GUARDIAN of her person and estate should not be appointed; the hearing thereo to be held in co~oom.....3 . Cumberland County Courthouse, Carlisle, P A 0 'ffI.w<< \" .2002 at It)', ~ () o'clock . 2. Petitioner shall cause to be served (by personal service) the Citation with Notice and Petition, pursuant to the Provisions of 20 Pa. C.S. s5511(a , upon the alleged incapacitated person at least twenty (20) days prior to the court hear' g for the Plenary Guardianship. The contents and terms of the Citation with Notice a Petition shall be read and explained to the maximum extent possible in language and errns the alleged incapacitated is most likely to understand, in accordance with the Pr visions of 20 Pa. C.S. s5511(a). An affidavit of service containing specific averments 0 the above requirements shall be presented at the beginning of the court hearing 3. At least twenty (20) days prior notice of the court heari g together with a copy of the Petition shall be given personally or by first class mail to II persons who are sui juris and who would be entitled to an intestate share in the estate f the alleged incapacitated person, to the institution providing residential services 0 the alleged incapacitated person, and to , in accor ance with 20 Pa. 7741'7 e.s. s5511(a). An affidavit of service containing specific averments f the above requirements shall be presented at the beginning of the court hearin . 4. Petitioner or counsel shall notify the court, in writing, t least seven (7) days prior to the court hearing if counsel has not been retained on b half of the alleged incapacitated person in accordance with 20 Pa. e.S. s5511(a). This n tice shall also contain all pertinent information which would indicate to the court hether or not counsel should be appointed to represent the interests of the alleged incapacitated person. 5. The alleged incapacitated person shall be present at th court hearing unless it is established by clear and convincing medical evidence th her physical or mental condition would be harmed by her presence in court in acco ance with the provisions of 20 Pa. e.S. s5511(a). BY THE COURT: P.J. Copy of the above mailed . 2002 to: Chadwick O. Bogar, Esq. 76240 2 IN RE: ERMA M. ELICKER AN ALLEGED INCAPACITATED PERSON IN THE COURT OF COMM N PLEAS OF CUMBERLAND COUNTY, ENNSYLV ANIA ORPHANS' COURT DIVISI N : NO. 21-2002-866 IMPORTANT NOTICE CITATION WITH NOTICE A petition has been filed with the Court to have you declared an Incapaci ated Person. If the Court finds you to be an Incapacitated Person, your rights will be affected, inclu ing our right to manage money and property and to make decisions. A copy of the petition which has be n filed by MESSIAH VILLIAGE is attached. You are hereby ordered to appear at a hearing to be held in Court Room o.~, Cumberland County Courthouse, Carlisle, Pennsylvania, on OCTOBER 25 ,2002, at 10:30 A.M. to tell the Court why is should not find you to be an incapacitated Person and appoint a G dian to act on your behalf. To be an incapacitated Person means that you are not able to rece ve and effectively evaluate information and communicate decisions and that yo are unable to manage your money and/or other property, or to make necessary decisio s about where you will live, what medical care you will get, or how your money will b spent. At the hearing, you have the right to appear, to be represented by an attomey, and to request ajury trial. If you do not have an attorney, you have the right 0 request the Court to appoint an attorney to represent you and to have the attorney's es paid for you if you cannot afford to pay them yourself. You also have the right to re est that the Court order that an independent evaluation as to your alleged incapacity. If the Court decides that you are an Incapacitated person, the Co Guardian for you, based on the nature of any condition or disability and may appoint a our capacity to make and communicate decisions. The Guardian will be of your person d/or your money and other property and will have either limited of full powers to a t for you. If the court finds you are totally incapacitated, your legal rights w II be affected and you will not be able to make a contract or gift of your money to othe property. If the court fmds that you are partially incapacitated, your legal rights will also e limited as directed by the Court. If you do not appear at the hearing (either in person or by an attorney rep esenting you) the court will still hold the hearing in your absence and may appoint the Guardi requested. B Clerk, Orphan ' Court Division Cumberland County, Carlisle, My Commission Expires 151 M January, 2006 Chadwick o. Bogar, Esq. Latsha Davis & Yohe, P.c. P.O. Box 825 Harrisburg, PA 17108-0825 (717) 761-1880 ~ -- SFP 2 5 ZOOZ IN THE COURT OF COMMON PLEAS - CUMBERLAND COUNTY ORPHANS' COURT DIVISION CIVIL ACTION -IN APACITY IN RE: ERMA M. ELICKER An Alleged Incapacitated No. C2 , - 0 :l - ~c....t. FINAL DECREE - AD UDICA nON OF TOTALLY INCAP ACI AND APPOINTME OF PLENARY GUARDI 1 ~ay of AND NOW, this 2002, based upon the evidence received and the record, this Court finds, b clear and convincing evidence, that Erma M. Elicker is adjudged a totally inca , The Court finds that Erma M. Elicker suffers from &1~rR. acitated person. . t S , a condition or disability which totally impairs er capacity to receive and evaluate information effectively and to make and comm nicate decisions regarding the management of her financial affairs or to meet essenti I requirements for her physical health and safety. Shaun O'Toole, Esq., dlbl a Amaryco Guardianship Services, is appointed Permanent Guardian of the Person and Estate of Erma M. Elicker. erification of a Bond in the amount of $50,000.00 is required. The Guardian shall fil a report in compliance with 20 Pa. C.S. 5521(c) within ninety (90) days of this 0 der and annually thereafter. 77418 The Guardian of the Estate shall be able to enter a safe depos box, if any, in the name of Erma M. Elicker without prior Court authorization. The Guardian of the Person shall have the authority and resp nsibility to decide where Erma M. Elicker shall live and how meals, personal care, tran portation and recreation will be provided. The Guardian of the Person shall also ve the authority to authorize and consent to medical treatment and surgical procedure necessary for the well being of Erma M. Elicker. The Guardian of the Person and the uardian of the Estate, if not the same, shall cooperate to prepare a budget to cover providing the aforementioned services to the person of Erma M. Eli The Guardian of the Estate shall have the authority and resp sibility to manage and use Erma M. Elicker's property primarily for her benefit and sec ndarily for the benefit of her legal dependents in accordance with 20 Pa. C.S.A. 553 (A). 20 Pa. C.S.A. 5536(A) authorizes the Guardian of the Estate to spend income for t e aforesaid purposes without the Court's written approval, and, pursuant to the Court's determination that principal assets will have to be expended for Me icaid approval, the Guardian of the Estate may also spend principal assets for the care a d maintenance of Erma M. Elicker and to establish an appropriate burial reserve. 77418 2 The aforementioned judicial determinations have taken into onsideration the matters required by 20 Pa. C.S.A. Section 5512.1. The Court's findin s of fact and conclusions of law have been placed on the record at the evidentia hearing. BY THE COURT: P.J. 77418 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2 WITNESS INDEX TO TESTIMONY DIRECT CROSS RE IRECT RECROSS Lawrence B. Zimmerman, M.D. 3 INDEX TO EXHIBITS NO. DESCRIPTION (None. ) PAGE 3 1 LAWRENCE B. ZIMMERMAN, M.D., c 11ed as a 2 witness being duly sworn, was examined and t stified as 3 follows: 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 DIRECT EXAMINATION BY MR. BOGAR: Q. Good afternoon, Doctor. My na e is Chad Bogar. I'm an associate with Latsha, Davis Yohe. And as you probably know, Latsha, Davis & Yohe serv s as general counsel for Messiah Village. Several weeks ago, Messiah Vii age filed a petition for the appointment of a guardian f r Erma M. Elicker whom I believe is a patient of yours. Is that correct? A. That's correct. Q. I'm going to ask a series of cuestions beginning with what is your name and your professional address, Doctor? A. Lawrence Zimmerman. My addreos is 108 Lowther Street, Lemoyne, Pennsylvania 17019. Q. Dr. Zimmerman, would you pleaoe describe your education, training and background with par icular emphasis on your expertise in evaluating individuals with 24 incapacities? 25 A. I attended Penn State Univers'ty College of 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 4 Medicine, and I did residency training in in erna1 medicine and then did a fellowship in geriatric medic ne. I've been practicing in geriatric medicine and interna medicine 4 since 1982. Because of my interest in geria rics, I've seen many patients with cognitive disorders Alzheimer's disease and multiple strokes. Q. Dr. Zimmerman, in what states licensed to practice medicine? A. Pennsylvania. Q. And when were you licensed to medicine in Pennsylvania? uch as re you ractice see. I think it w s 1980, I A. 19 -- let's believe. Q. Dr. Zimmerman, would you p1eas= describe your professional relationship, if any, with Messiah Village? A. I'm the medical director at MEssiah Village, and I also see a number of patients in the facility. Q. Dr. Zimmerman, in your capacity as a geriatrician, have you had the opportunity to meet with, examine, speak with and otherwise become accuainted with 21 Erma M. Elicker; and, if so, upon what occaoions and in 22 what fashion have you been able to do so? 23 A. Yes, I have. My most recent Encounter was 24 today. And I have seen her previous times, but the 25 patient's chart has been thinned and so I c n't give you 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 5 specific dates. Q. Okay. A. But she is a patient of mine, nd I have seen her on a number of occasions. Q. And that would be since her ad ission to Messiah Village's long-term care facility, w ich I believe was in 2000. Would that be correct? A. Q. That's correct. So you have seen her on a numb r of occasions? A. A number of occasions. Q. Since that time? A. Since that time, yes. Q. Including today, correct? A. Including today. Q. Dr. Zimmerman, would you pleas= describe the type and severity of the impairments of Ms. Elicker? A. Yes. She has, I think, a pretty significant dementia, most likely Alzheimer's disease. She's had progressive memory loss. She scored a 14 out of 27 on the mini mental state, and she missed questions such as she didn't know the month or the date or the day of the week. ohe didn't know what state or county or town or the name of the nearby 25 town. She could not remember three items, hree memory 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 6 items, after a few minutes. Usually I'll as her -- ask the person to do a drawing and write a sente ceo But her eyesight is very poor, so I couldn't do that Q. I see. A. And she couldn't also do the r ading part of the test. So that's why -- it's usually a t tal of 30 points, but it's only 27 points because I el'minated those three points. But she did do quite poorly 0 the mini mental. I think she does have significant c gnitive impairment. Q. And if we were going to place term or dub those impairments, what would those be? Wou d it be Alzheimer's? A. I think she does have Alzheime^'s disease. Q. And since you began treating Ms. Elicker in 2000 or approximately in 2000 when she transferred to Messiah Village's long-term care facility, has her mental condition and emotional as well as emotional and physical conditions deteriorated over the course of this period of time? A. Yes. She's had a progressive decline in her cognitive deficits which is consistent with an Alzheimer's type dementia. Q. Okay. Doctor, thank you. Dr. Zimmerman, to a reasonable degree of medical certainty, de you have an 8 1 advantage of by unscrupulous or undesigning ersons? 2 A. Yes. I think she could be eas ly taken 3 advantage of. 4 Q. Okay. 5 A. Because, again, because of her severe 6 impairments. 7 Q. Wonderful. Dr. Zimmerman, wha 8 recommendations would you make concerning th management of 9 the financial affairs of Ms. Elicker? 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. I think she would need a guard'an. Q. Dr. Zimmerman, what recommenda ions would you make concerning the management of the person 1 affairs of Ms. Elicker? A. Again, I think she would need guardian also. Q. Dr. Zimmerman, what recommenda ions would you make concerning the development or regainin~, if any, of the physical or mental abilities of Ms. Elicker? A. I don't -- Alzheimer is a pro~ressive illness, so I don't think she's going to re~ain her mental abilities. I think they're going to contince to decline. Q. Approximately how old is Ms. Elicker? I'm sorry -- I should have asked this before. A. She is -- let's see, 78. Is that right? Or 88. 1 2 3 4 5 6 7 8 9 10 9 Q. 88? A. 88; 1914. Q. I apologize. A. She's 88. Q. SO over the course of the next couple years, we can expect her Alzheimer's to become incr asingly worse, I believe? A. That's correct. Q. Dr. Zimmerman, what less restr'ctive alternatives would be appropriate? In other words, 11 concerning the level of care of Ms. Zimmerma -- or I'm 12 13 14 15 16 17 18 19 20 21 22 23 24 25 sorry -- Ms. Elicker, could she get by, if y u will, with less care? A. I think that, again, because 0 her cognitive impairments as well as some physical impairm nts, that she really does need a nursing level of care. appropriate for assisted living. Q. In terms of a guardian versus ower of S e wouldn't be Attorney which, as you know, a Power of Attorney is really a principal and an agent relationship. A. Yes. Q. And the agent acts on behalf of the principal pursuant to the principal's directives. Do'ou think that would be appropriate or would a guardian be che most appropriate? 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 10 1 A. At this point I think a guardi n would be the 2 most appropriate. Q. And, again, that's based upon? A. Based upon her severe deficits and I don't think she can really participate in any of h r care. I don't think she really comprehends either fi ancial or personal decisions. Q. Thank you, Doctor. Dr. Zimmer an, and I believe we've answered this question, but ju t for the court's benefit. Dr. Zimmerman, what is the probability that the extent of incapacities of Ms. Elick r may significantly decrease or change? A. I think that it is 100 percent probable she will continue to decline with her cognitive eficits getting worse. Q. Dr. Zimmerman, would the physi al or mental condition of Ms. Elicker be harmed by her pr sence in open 18 court? 19 A. I think it probably would. I on't think she 20 would understand the proceedings, and the ne environment 21 may just upset her or agitate her. 22 23 24 25 Q. Okay. A. So I think it would probably b detrimental for her to appear in court. Q. And, again, Doctor, I think yo 've answered 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 11 this; but is Ms. Elicker's mental capacity s ch that she would be capable of any meaningful participa ion in the upcoming hearing in this matter? A. I don't believe she would be able to No. participate in it. Q. And for the final question con erning her participation in the court proceeding. Doct r, then, what is your recommendation regarding Ms. Elicker's participation in the upcoming hearing in thi matter? A. I think it would be in her bes interests for her not to attend the hearing. Q. Dr. Zimmerman, is your testimo y today contingent upon the outcome of this matter i A. No. Q. Dr. Zimmerman, do you have any conflict of any way? interest with any of Ms. Elicker's affairs w ich you are aware? A. No. Q. And finally, Dr. Zimmerman, with American Guardianship Services? ar you familiar A. I am familiar with them. Q. Okay. A. I think some of my patients ha e been. They have been involved with some of my other pat 'ents. Q. And based upon that involvemen , do you have 12 1 any reason to believe that American Guardian hip Services 2 would be unfit to manage Ms. Elicker's perso al and 3 financial affairs? 4 No. I think they would be abl to adequately A. 5 do that. 6 MR. BOGAR: Thank you very muc ,Doctor. I 7 appreciate your time. 8 THE WITNESS: All right. Than you. 9 (Whereupon, the deposition was concluded at 12:25 p.m.) 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 13 1 COMMONWEALTH OF PENNSYLVANIA SS. 2 COUNTY OF CUMBERLAND 3 4 I, LINDA C. LARSON, a Court Re orter-Notary 5 Public authorized to administer oaths and ta e depositions 6 in the trial of causes, and having an office in Carlisle, 7 Pennsylvania, do hereby certify that the for going is the 8 testimony of LAWRENCE B. ZIMMERMAN, M.D. 9 I further certify that before he taking of 10 said deposition the witness was duly sworn; hat the 11 questions and answers were taken down stenot pe by the said 12 Reporter-Notary, approved and agreed to, and afterwards 13 reduced to computer printout under the direc ion of said 14 Reporter. 15 I further certify that the pro eedings and 16 evidence are contained fully and accurately 'n the notes 17 taken by me on the within deposition, and th t this copy is 18 a correct transcript of the same. 19 In testimony whereof, I have h reunto 20 inscribed my hand this 22nd day of October, 002. 21 22 ~~~ C Notary Public 23 24 25