The URL can be used to link to this page

Home My WebLink About08-01-05 u_ C) l \.1 C) __ t~; ~: C',;- I' L~) ey- e,' i.-;~~\ ,_\- e: IN RE: NELLIE TABB IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, P A : REGISTER OF WILLS : NO. -1J -05 -IDin L') l..:) l- I, L",:PETITION OF BEVERLY ENTERPRISES - PENNSYLVANIA. INC. '."" , d/b/a BEVERLY HEALTHCARE - CAMP HILL tpOR ADJUDICATION OF INCAP ACHY AND APPOINTMENT OF A c, PLENARY GUARDIAN OVER THE PERSON AND ESTATE t,::) OF NELLIE TABB ., - .....- ,.e__ c- ~? - , -, IF' , c-'" ('"_J AND NOW comes the Petitioner, Beverly Enterprises - Pennsylvania, Inc., d/b/a Beverly Healthcare - Camp Hill, by and through its counsel, Kelly, Hoffman & Goduto LLP, and respectfully petitions this Honorable Court pursuant to 20 Pa. C.S.A. S 5511 for an Order adjudicating Nellie Tabb to be an incapacitated person and appointing a guardian over her person and estate and in support thereof states as follows: 1. Petitioner Beverly Enterprises - Pennsylvania, Inc. ("Beverly") is a corporation properly registered and qualified to do business in Pennsylvania. 2. Beverly operates a facility known as Beverly Healthcare - Camp Hill (the "Facility") at 46 Erford Road, Camp Hill, Pennsylvania 17011. 3. As the residential care provider for Nellie Tabb, Beverly has an interest in her welfare given her status as an alleged incapacitated person. 4. Nellie Tab is 70 years of age, with a date of birth ofJanuary 10, 1935. 5. Residential services are currently being provided to the alleged incapacitated person by Beverly Healthcare - Camp Hill. 6. Nellie Tabb suffers from delusional disorder of the paranoid type. Ms. Tabb may also be suffering from schizophrenia, although she has refused to cooperate with more extensive psychological testing, which would enable a more complete diagnosis of her mental condition. These conditions impair her ability to make any decisions regarding her physical condition, health, well-being, and any other matters. (See a copy of Certification of Herbert Myers, M.D., attached hereto at Exhibit A, with the original being provided to the Court at the hearing.) 7. Dr. Myers, a psychiatrist who unsuccessfully attempted to conduct a thorough psychiatric evaluation of Nellie Tabb, believes that Ms. Tabb is incapable of making any decisions regarding her medical treatment at this time. (See Exhibit A.) 8. Nellie Tabb's mental status may be able to improve with psychiatric treatment, however, she has refused any testing that would enable a proper diagnosis of her condition(s). (See Exhibit A.) 9. Due to Nellie Tabb's refusal to participate in additional testing or treatment, she is unable to manage or take care of matters pertaining to her own health and well-being without the existence of another individual who will act as guardian of her person. She is unable to resist fraud or undue influence without the assistance of a guardian. (See Exhibit A; see also a copy of a Certification of Hal Fineburg, M.D. attached hereto as Exhibit B, with the original being provided to the Court at the hearing.) 10. Upon information available to the Petitioner, Nellie Tabb has executed no living will, advance directive for health care, power of attorney, or other document regarding her wishes pertaining to her personal affairs and/or medical care in the event of her incapacity while a resident at Beverly Healthcare - Camp HilL (See Exhibits A and B.) Although she had a power of attorney, Ms. Tabb revoked it. (See a copy of a Certification of Antoinette Blair, Executive Director of Beverly Healthcare - Camp Hill, attached hereto as Exhibit C.) 1 L Upon Petitioner's information and belief, Nellie Tabb has only two living family members, her sisters, Ella lrby and Earmeston Tabb. 12. Ella lrby, in a telephone conversation on July 12, 2005, indicated to Petitioner's counsel that she does not wish to accept guardianship over Nellie Tabb's person or financial affairs. (See a copy of July 12,2005 letter to Ms. lrby, attached hereto as Exhibit D.) 13. Earmestom Tabb, in response to a telephone call made by Petitioner's counsel on July 12,2005, indicated that she does not wish to accept guardianship over Nellie Tabb's person or financial affairs. (See a copy of July 13, 2005 letter to Ms. Tabb, attached hereto as Exhibit E.) 14. Upon information and belief, Nellie Tabb was never a member of the United States Armed Forces. 15. Upon information and belief, no other guardians of the person or estate of Nellie Tabb have been appointed, and no other court has assumed jurisdiction in any proceedings to determine the capacity of Nellie Tabb, the alleged incapacitated person. 16. Petitioner seeks the appointment of a guardian of the person and estate because, in the opinion of Nellie Tabb's consulting psychiatrist, Dr. Myers, and her physician, Dr. Fineburg, she is mentally incapacitated and unable to make decisions regarding her personal affairs. Her condition is such that she would be unable to resist fraud or undue influence without the assistance of another non-interested individual to act as her guardian. (See Exhibits A and B.) 17. Presently, the alleged incapacitated person is a resident of Beverly Healthcare - Camp Hill, a skilled nursing and rehabilitation facility. (See Exhibit C). The essential requirements for her health and safety are provided at the facility. A guardian over her person and estate is required to provide consent for medical and surgical treatments, if necessary, and to ensure that Nellie Tabb's continued personal needs and financial obligations are met. 18. Petitioner believes there are no less restrictive appropriate alternatives to seeking a guardianship over the person and estate of Nellie Tabb. 19. The proposed guardian over Nellie Tabb is Neighborhood Services. 20. Neighborhood Services has agreed to serve as Nellie Tabb's guardian. (See a copy of Consent of Proposed Guardian attached hereto as Exhibit F, with the original being provided to the Court at the hearing.) 21. Upon information and belief, the proposed guardian has no interest adverse to the alleged incapacitated person. 22. The proposed guardian is a qualified guardian pursuant to 20 Pa. C.S.A. S 5511(f). 23. Petitioner respectfully requests that the proposed guardian be given powers over the person and estate of Nellie Tabb. 24. Nellie Tabb's mental and physical condition mandates that a guardian be appointed to make decisions concerning her person and estate, including, but not limited to her living arrangements, her medical and psychiatric care, the administration of medications, surgical interventions, the employment and discharge of physicians, dentists, nurses, etc. for her physical care and to make decisions regarding her personal finances. WHEREFORE, Petitioner respectfully requests that this Honorable Court issue a citation directed to Nellie Tabb, the alleged incapacitated person, with notice to such persons as this Court may direct, to show cause why Nellie Tabb should not be adjudged a totally incapacitated person, and why Neighborhood Services should not be appointed guardian over her person and estate. Respectfully submitted, Date: July 29, 2005 Beg e A. Bahl, Esquire Arney 1.0. No. 87803 KELLY, HOFFMAN & GODUTO LLP Commerce Towers -lOth Floor 300 North Second Street Harrisburg, PA 17101 (717) 920-8100 Attorney for Petitioner Beverly Enterprises - Pennsylvania, d/b/a Beverly Healthcare - Camp Hill , ,,~'" ,,,.....n'"'' I 11-101 ~-"I 0... I-~~' r.ulJ"uu~ r-ql:1 CERTIFICATION OF RIl'.RBERT MYERS. M.D. I. Herbert Myers, M.D. do he:i'eby state under penalty ofpeljury that the following is lIUe and correct based upon my personal knowledge: 1. I am a physician licensed in good standing to practice medicine in the Commonwealth of Pennsylvania. 2. I am the psychiatrist who lltle1Upted to examine Ndlie Tabb on June 2, 200S and July 21, 200S at the BC\'eIly Hcalthc:are facility in Camp Hill, Pennsylvania when: Ms. Tabb hi15 l"Cl;ided since January 6. 2005, 3. Ms. Tabb is 70 yeatS of age, with a date of birth of llll1uary 10, 1935. 4. I have attempted to examine Nellie Tabb and fiDd her to be incoJnpet=t and ineapable ofIllaking decisions reganling her mental treallnent and personal or finaneial a1fairs at this tim.e. Ms. Tabb has delusional disorder of the plllllD.oid type. Ms. Tabb may have schizopbrellia, although she has refused to eooperate with mcre extensive psychological testing, which woulc1 CIllIhlc me to IIIllI'C iillly diagnoSflller menU! condition(s). S. Nellie Tabb's mental status JXl3.y be able to improvll with psychiatric treatment, however, she has been refusing any tllSting that would enable lIS to properly evaluate her to diagnose and treat her. 6. Due to Nellie Tabb's rctusal tD engage in psychological testing or accept a medication trial that would allow a proper diagnosis and treAM"" ofher mental conditian(s), I have fcUDd that Nellie Tabb is unable to manage or tIllc.e care of matters pertlliniftg to her own health and well-being without the assistance of anather individual who will act as guardian of he!' person and estate. She is unable to resist fraud or undue influence: without ~ assistance of a iUardian. ~..... .... .......... ......'tlrM rr'iVr.rrnlL.Mi'\Vc.n [11-'1 ~"..:;ro4 I-~J' ~.UU:{UUJ r-4(Q 7. Although Nellie Tabb had a power of attorney, &he recently revoked it. To ~ best of my knowledge, Ms. Tabb does not ha.ve an effective power of attomcy, living will, advance directive for hwth care or any otl:ler docUIl1ent regarding her ~ pmaining to her personal affairs orland medical care in the event of her incapacity. 8. It is my opinion that Nellie Tabb' s social, physical, medical and hygiene needs are CUlTently best met in a skilled C~ facility. Under peDalty of perjury, I declare that the above statemll%ltS are true. Dated: -;j ,,.d f ;2(. t' II 0 or 1Lur 2 ~- Herbert Myers, M.D. ~ !'".' , CERTIFICATION OF HAL FINEBURG, M.D. 1, Hal Fineburg, M.D" do hereby stare under penalty of perjury that the following is true and correct based upon my personal knowledge: 1, I am a physician licensed in good standing to practice medicine in the Commonwealth of Pennsylvania. 2. I am rhe allending physician of Nellie Tabb, who resides at Beverly Healthcare - Camp Hill, in Camp Hill, Pennsylvania. Ms. Tabb has been under my care since she was admitted at the facility on January 6, 2005. 3. Nellie Tabb is 70 years ofage, with a date of birth of January 10, 1935. 4. I have examined Nellie Tabb and tind her to be incompetent and incapable ofmaking any decisions regarding her medical treatment or her personal finances. Nellie Tabb suffers from a major psychotic disorder and dementia. Ms. Tabb has been refusing treatment for these conditions. As a result, she is unable to make and/or communicate informed decisions regarding her physical condition, health and finances. 5. Ms. Tabb 's mental status is not expected to improve. 6. 1 have found that Ms. Tabb is unable to manage or take care of matters pertaining to bel' own health or personal affairs without the assistance of another individual who will act as guardian. She is unable to resist fraud or undue influence without the assistance of a guardian. 7. I am unaware of any living will, advance directive for health care, power of attorney, or other document regarding Nellie Tabb's wishes pertaining to her medical care in the event ofller incapacity. ;1_.:;) ->-: -,=~JC]~ ~UE i L :-':~,:'i'i : h~L _ ~~~ \EE:U~'~?, ,-'1C q\::'l~E: :.:: ".,'- i'.,. '-''- 8. It is my opinion [har N~lJi~ Tabb's social, physicaL medical and hygiene needs are best met in a residential care facility. Under penalty of pelj ury, I declare that the above statements are Dated: (0 - IS -6) _:UI'! - L-':-.=.C(')~ :-: JE i 1 ; --!.3Hi'i~:::': HHL _ F:;::t ;EE;UF"~l "'Ie =~';E: -.l :JmH 4-2005 rUE ll: 20 AN KHG llP FAX NO. 7179093052 P. 02 CERTIFICATION OF ANTONETIE BLAIR. EXECUTIVE DIRECTOR AT BEVERLY HEALTHCARE - CAMP HTLL I. Antonette Blair. do hereby state under penalty of perjury that the following is true and correct based upon my personal knowledge: 1. I am the Executive Director at Beverly Healthcare - Camp Hill. 46 Erford Road. Camp Hill, Pennsylvania 17011, which provides skilled musing and rehabilitation services for elderly patients. 2. Beverly Healthcare - Camp Hill is operated by Beverly Entetprises - Pennsylvania. Inc., by which I am employed. 3. Nellie Tabb 1S cwrenUy a resident of Beverly Healthcare - Camp Hill. and has been a resident since her admission on January 6. 200S. 4. Upon infonnation available to the Petitioner. Nellie Tabb has executed no living will, advance diTective for health care, or other document regarding her wishes pertaining to her personal affairs andfor medical care in the event of her incapacity while a resident at Beverly Healthcare - Camp Hill. Although Ms. Tabb has a power of attorney, she rescinded it on August 28,2003. 5. Nellie Tabb has two sisters, Mrs. Ella Irby, and Ms. Eannestom Tabb, who do not oppose the appointment of a guardian over Ms. Tabb's p=n and estate. Under penalty of perjury, I declare that the above statements are true. Dated; (p IJ Lf/ f) f" . I tt~JJt ~~JI$I Antonette Blair Executive Director Beverly Healthcare - Camp Hill Mll y, f-lOFIIVIAN is, 'GODUTO UP ATTORNEYS AT LAW Cm'lMERCE TmvERS - 10TH fLOOR 300 NORTH SECOND STREET, R-\RRIS8L:RG, P A 17\ 0 1 POST OFFICE Box 62003, HARJUSBURG, P A 17106-2003 TELEPHO,E(717) 920-8100 FACSIMILE (71 7) 920-0691 Begene A. BahI Extension I t I bbahl@khgllp.com July 12, 2005 Mrs. Ella Irby 407 Heister Road Harrisburg, P A 171 03 Re: Guardianship of Nellie Tabb Dear Mrs. Irby: It was a pleasure speaking with you today about your sister, Ms. Nellie Tabb and the need to petition the Court to appoint a guardian over her person and estate. It is my understanding that you do not oppose the appointment of Neighborhood Services to act as Ms. Tabb's guardian. If appointed guardian, Neighborhood Services will have the power to make medical and personal decisions on behalf of Ms. Tabb. Ifmy understanding of our conversation is in any way incorrect, please call me at 717- 920-8100. Very truly yours, +~ Begene A. Bahl BAB/pzg KEllY. I-IofHVIAN B.1. 'GODUTO UP ATTORL"iEYS AT LAW COMMERCE TOWERS - ] OTH FLOOR 300 NORTH SECQj\;D STREET, HARRISBURG, P A 17101 POST OFFICE Box 62003, HARRISBL'RG, P A ] 7106-2003 TELEPHONE (/17) 91.0.8100 F ACSl),IILE (717) 920-0691 Begene A. BalIl Extension II t bbahl@khgllp.com July 13, 2005 Ms. Earmestom Tabb 2106 Berryhill Street Harrisburg, PA 17104 Re: Guardianship of Nellie Tabb Dear Ms. Tabb: Thank you for returning my call regarding your sister, Ms. Nellie Tabb. As you know, my client, Beverly Healthcare - Camp Hill, is going to petition the Court to appoint a guardian to make decisions regarding her person and estate. Based on your voice mail message.itis my understanding that you do not oppose the appointment of Neighborhood Services to act as Ms. Tabb's guardia.'1. If appointed guardian, Neighborhood Services will have the power to make medical and personal decisions on behalf of Ms. Tabb. If my understanding of your message is in any way incorrect, please call me at 717-920- 8100. Very truly yours, .~0 U-taQJ,(~7 \ . ~ Beg" ne A. Bahl BAB/pzg ...iV_-l:-c.UlO iP,.,I'I Ul.:X: nl r.Mv LLt' rrlX ~~, li{~UjjJb~ t. Ud iN RE: NELLiE TABS IN THE CO(;'"R'T OF COMMON PLEAS CUMBERLAND COUNTY, PA REGISTER OF WILLS NO. CONSENT OF PROPOSED GlJARDIAN Neighborhood Services hereby consents 10 act as Plenar/ Pe:manent Guardian of the Person and Estate of Ne!lie Tabb, an alleged incapacitated person. Neighborhood SetYices is a non-profit corporation organized under the laws of the Commonwealth ofPennsylvauia and is doing business at lOa SOL,th Queen Street, Lancaster, Ponnsylvania. Neighborhood Services provides guardianship services allowing for tr_e highest quality of care available in the least res1rictiv.e setting available. Neighborhood Services will provide a full \ range of human services, including talcing responsibility for medical and personal care dcclsions, handling financial affiUrs. providing OIie-on-ol1e contact and monitoring, and other services, as necessary. Neighborhood Services and its agents have no interests (financial or otherwise) adverse to those of the alleged incapacitated person. a.,d no agents of Neighborhood Services reside in the same household or facility with the incapacitated perSOll. ~ '/' r/'7 iJ~K /~"."../ / --j/l.,1 ,-/ '. - - I" / (j}-, vd.//t l: -i:z:UJ I' . ~ . ". . I Vernon Fisher j.../ Neighborhood Stm'ices