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HomeMy WebLinkAbout08-26-05 INRE: : IN TIlE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYL V ANlA CATHERINE HOOVER, : ORPHANS' COURT DIVWION An alleged incapacitated person : l/-Q tj-llP : NO. '.':l'T' un PETITION FOR THE APPOINTMENT OF PERMANENT PLENARY GUARDIANS 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, Pennsylvania, with its office located at 16 West High Street, Carlisle, Pennsylvania. 2. The alleged incapacitated person is Catherine Hoover, an older adult, age 93, who currently resides in the assisted living section at Messiah Village, a nursing home facility, situated at 100 Mt. Allen Drive, Mechanicsburg, Cumberland County, Pennsylvania. She had formerly resided with her sister at 80 North Dickinson Schoolhouse Road, Carlisle, Cumberland County, Pennsylvania. 3. The only known relatives of the Respondent are: ~> C) ~.:::";) '," '-~.:) 0 en ,--;-'1 '":::":00 ,':::'-') .--"1 : r~) Miriam Hoover- Sister " ",.- a. ,~ 'J C2 ('J ':~ Messiah Village r-0 ,,:-1 Q , C~) 100 Mt. Allen Road :-~ Mechanicsburg, Pennsylvania -.,,'-) --0 n -'-1 _ -",) C) C'.) :..-, "~I "--.'~ -;--1 r b. Patricia Bishop - Niece 220 Charles Road Clearfield, Pennsylvania 16830 c. Mary Means - Niece 2925 Philadelphia Avenue Chambersburg, Pennsylvania 17201 d. William Hoover - Nephew 206 Connolly Street West Lafayette, Indiana 47906-2724 The above are the closest relatives to the Respondent. There are an additional 18 nieces and nephews who reside in Pennsylvania, Virginia and Washington. 4. The Petitioner is not related to Catherine Hoover. 5. The Petitioner's interest is that of a welfare agency concerned with her welfare and is familiar with her case. 6. Catherine Hoover has, for at least three (3) months, been incapable of managing and caring for herself and her financial affairs. 7. Catherine Hoover exhibits symptoms of mental incapacity, including but not limited to senile dementia with mild delusions. 8. Catherine Hoover's mental incapacity prevents her from managing and caring for the affairs of her person and estate. 9. On or about July 6, 2005, Petitioner filed a Petition for Involuntary Intervention by Emergency Court Order to No. 05-3416 Civil Term in the Office of the Prothonotary, in and for Cumberland County, Pennsylvania and incorporates herein by reference the avennents contained in said Petition. 10. A Hearing was held on said Petition referred to hereinabove on July 7, 2005 and, at that time, an Order was entered directing that Ms. Hoover be immediately placed in a secure assisted living facility with the goal of transferring her as soon as space is available to Messiah Village where her sister Miriam, age 88, and with whom she lived for a long period of time now resides. A copy of said Order of Court is attached hereto, marked as Exhibit "A" and incorporated herein by reference. 11. Ms. Hoover was transported to Country Meadows and was admitted there. 12. Catherine Hoover stayed at Country Meadows until a room became available for her at Messiah Village on August 18, 2005, at which time she was transported to and admitted to Messiah Village. 13. Until recently, the respondent and her sister, Miriam, resided together at the family home and received money from a trust administered by M&T Bank, Carlisle, Pennsylvania. 14. Arrangements were made by the Trust Department of M&T Bank for both sisters to be admitted to the assisted living section of Messiah Village because Miriam has many medical issues which prevent her from living safely at home. 15. Both sisters agreed to go to Messiah Village but, when taken there on June 27, 2005, the respondent refused to stay and returned home. 16. On or about June 28, 2005, the Petitioner, through it's authorized representative, visited Catherine Hoover at her residence where she was found alone. 17. Further investigation reflected that Catherine Hoover has dementia, is hard of hearing and suffers from delusionslhallucinations. Such delusionslhallucinations are as follows: a. That there are groups of people who stand outside her house and sing at night; b. That people have climbed up onto the porch roof, have climbed in the windows, took clothes out of her house in black plastic bags and have also taken shutters off the windows; and c. That people have tied ropes around the trees and bushes. Her sister, Miriam, denies that anyone has been there. 18. On Sunday, July 3, 2005, Catherine Hoover, while yelling, was found walking down the middle of North Dickinson Schoolhouse Road close to Walnut Bottom Road at 6:00 A.M.. Huntley Miller, a neighbor, stopped her before she got to Walnut Bottom Road and was told by Catherine that she needed help because there were people in her house who were singing and keeping her awake. She also claimed that the telephone did not work. 19. On or about July 12, 2005, a psychological evaluation was conducted by Amy Kucirka, Psy. D., of Catherine Hoover and recommend that there be twenty-four (24) hour supervision of her because of concerns regarding the presence of delusions, hallucinations, and disorganized behavior and ability to make good decisions for herself. 20. Petitioner asserts that Catherine Hoover is incapacitated as defined in Chapter 55 of the Probate Estates and Fiduciaries Code. 21. Because of her impaired mental condition, Catherine Hoover lacks the capacity to provide for her own personal care and maintenance. 22. Petitioner requests that it be appointed Permanent Plenary Guardian of the Person of Catherine Hoover. 23. Petitioner further requests that M&T Bank be appointed Permanent Plenary Guardian of the Estate of Catherine Hoover and given the discretion to invade the principal of a Trust set up for her benefit without the requirement of petitioning the Court for the authority to do so. 24. The proposed Guardians have no interest which are adverse to the interest of Catherine Hoover. 25. Petitioner believes, and therefore, avers that Catherine Hoover does not already have a Guardian. 26. Petitioner has determined that the monthly income is approximately $2,291.00 per month consisting of $291.00 from Social Security and about $2,000.00 from a Trust established for her benefit and administered by M&T Bank as Trustee. 27. Because of her impaired mental condition, Catherine Hoover is unable to manage her financial affairs, property and business and to make and communicate responsible decisions relating thereto. 28. Because of her impaired mental condition, Catherine Hoover is unable to manage her personal affairs, and to make and communicate responsible decisions relating thereto. 29. A power of attorney would be a less restrictive alternative than Guardianship but there is no existing Power of Attorney. 30. No member of Catherine Hoover's family is in a position to assume responsibility as Guardian of her Person and Estate. 31. To Petitioner's knowledge, no previous application has been made for the Order herein requested or for a similar Order except for the prior Protective Services Action filed to No. 05-3416 in Cumberland County. 32. No other Court has ever assumed jurisdiction in any proceeding to determine the incapacity of Catherine Hoover. 33. The failure to appoint Petitioner as Permanent Plenary Guardian of the Person of Catherine Hoover and M&T Bank as Permanent Plenary Guardian of the Estate of Catherine Hoover would result in irreparable harm to the person and estate of Catherine Hoover. 34. To eliminate the potential risk of harm to Catherine Hoover, Petitioner, if appointed as the Permanent Plenary Guardian of the Person of Catherine Hoover, will continue her placement in Messiah Village or a similar appropriate facility because that is the least restrictive alternative available for her. WHEREFORE, the Petitioner respectfully requests that: 1. A Citation be awarded, directed to Catherine Hoover to show cause why she should not be adjudged an incapacitated person and Permanent Plenary Guardians of her Person and Estate should not be appointed; 2. The Court appoint the Area Agency on Aging, in and for Cumberland County, Pennsylvania as Permanent Plenary Guardian of the Person of Catherine Hoover; and 3. The Court appoint M&T Bank as Permanent Plenary Guardian of the Estate of Catherine Hoover with the discretion to invade the principal of the Trust established for her benefit without the requirement of petitioning the Court for authority to do so. Respectfully Submitted, VERIFICATION I hereby verify that the facts and information set forth in the foregoing Petition for the Appointment of Permanent Plenary Guardians ofthe Person and Estate of Catherine Hoover pursuant to 20 P.S. 95511 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: t\,~ u<;~ 2 0,( 62.0(") <(" d~f?~ ) Janet Paull