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HomeMy WebLinkAbout03-13-06 IN THE MATTER OF THE PERSON AND ESTATE OF': : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NANCY J. HOERNER, AN ALLEGED INCAP ACIT A TED PERSON ORPHANS' COURT DIVISION NO. 21-06-1. \ 1 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 EST ATE 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 Nancy J. Hoerner, age 74, who currently is residing at the Helen Schaeffer Domiciliary Care Home, 91 East Creek Road, Newburg, Cumberland County, Pennsylvania and has resided there for a period of three (3) months prior to the filing of this Petition. 3. The only known relatives of the alleged incapacitated person are: A. Robert Lavery - Son Address unknown B. Donna Tucker - Daughter 259 Lincoln Street Carlisle, P A. ! .. 0'=; C,:~CI~j;.~:~\\YJ \Jd .0("\ '" )"!DhcuO ill\ \\J..) '..J':\~1:"'8 \.0 'JH" \ :J . I,:...JJ ' '...f! 1 Cqn'l '1 \ :0\ ~i~ t: \ ?h'l'\ ;"'U C. Clara Downs - Mother West Shore Health and Rehabilitation Center 770 Poplar Church Road Camp Hill, P A. D. Diane Staub - Sister 5538 Moorland Court Mechanicsburg, P A. 4. Nancy 1. Hoerner has, for at least three (3) months, been incapable of managing and caring for herself and her financial affairs. 5. Nancy 1. Hoerner exhibits symptoms of mental incapacity, including but not limited to senile dementia Alzheimer's type. 6. Nancy J. Hoemer.'s mental incapacity prevents her from managing and caring for the affairs of her person and estate. 7. Nancy J. Hoerner has been known to the Petitioner since August, 2004 when a visit was made to her apartment and observations by the case worker noted that: A. The apartment was cluttered and dirty; B. The kitchen table was filthy with insects visible; C. There was very little furniture in the apartment; and D. There was no bed and she was using a thin mattress on the floor. 8. Subsequent investigation reflected the following: A. That she was not bathing; B. That complaints were received by the apartment staff that she was seen carrying a lighted candle through the hall; C. That she would grab other residents; D. That she once grabbed the leg of a wheelchair bound individual and would not let go; E. That she would pace back and forth outside the apartments of other residents shouting obscenities and banging on doors; F. That she, on one occasion, left a stove burner on and left the apartment; G. That she was evicted from the apartment on February 2,2005 owing $1,565.00 in unpaid rent. 9. When Nancy J. Hoerner became homeless as a result of the eviction, Petitioner arranged for her to have a temporary room at Safe Harbour, an emergency shelter, in Carlisle but she had a problem with incontinence, acted inappropriately, and refused to follow rules and complete steps required to remain there. 10. On or about May 26,2005, Nancy J. Hoerner was placed in a personal care home in Newville, Pennsylvania and began attending the Newville Senior Center but was asked not to return because her behavior was upsetting to the other people in the program. II. While a resident of the Personal Care Home, Nancy J. Hoerner received a thirty (30) day: warning from the owner of the home indicating that she would be asked to leave ifher behavior did not improve. 12. On or about December 5,2005, Nancy J. Hoerner was placed in the Domiciliary Home in Newburg, Pennsylvania where she currently resides. 13. On the day she moved in, the provider called Petitioner and advised that she was very stubborn, did not want to listen to the provider, and was refusing to take her medications. 14. The provider at the Domiciliary Home has subsequently informed Petitioner that: A. She stomps her feet at provider's dogs to make them bark and then says they bit her; B. She gets up in the middle of the night attempting to cook on the kitchen stove; C. She made a false call to 911; D. She is verbally abusive to the provider and physically aggressive towards the other residents while refusing to be redirected; and E. She intentionally defecates on the floor in her room and refuses to clean it up and denies that she did it. 15. On or about February 27,2006, the provider reported that: A. She slapped another resident at the home and pulled her hair; B. She intentionally slammed a door on another resident's hand; C. She smokes in her room which is against the rules of the home and stays up all night walking around the house; D. She has stolen cigarettes and lighters from other residents; E. She swears at provider's husband, torments the other residents and staff, and has a knife in her room. 16. The Cumberland County Transportation is prepared to discontinue providing service to her because she gets off at each stop for a smoke and refuses to get back on until she is ready. 17. On March 7, 2006, the provider of the Domiciliary Home reported that Nancy J. Hoerner hit her causing her arm to become bruised and threw a cup at a staff member. 18. The provider has informed the Petitioner that she is very afraid of Nancy J. Hoerner and wants her removed from the home as soon as possible because of serious safety concerns for the other residents, her staff, her family and herself. 19. Nancy J. Hoerner was seen by Henry Wehman, M.D. on February 1, 2006 and was diagnosed as having dementia, Alzheimer's type. 20. Petitioner believes and, therefore, avers that Nancy J. Hoerner will be at risk of death or irreparable harm if she is discharged from the Domiciliary Care Home without the appointment of Emergency Plenary Guardians of her Person and Estate. 21. Petitioner requests that it be appointed Emergency Plenary Guardians of the Person and Estate of Nancy J. Hoerner. 22. The proposed Guardian has no interest which is adverse to the interest of Nancy J. Hoerner. 23. Petitioner believes and, therefore, avers that Nancy J. Hoerner does not already have a Guardian. 24. Petitioner asserts that Nancy J. Hoerner is incapacitated as defined in Chapter 55 of the Probate Estates and Fiduciaries Code. 25. Because of her impaired mental condition, Nancy J. Hoerner lacks the capacity to provide for her own personal care and maintenance. 26. Petitioner believes and, therefore, avers that Nancy J. Hoerner's only known source of income is from social security which totals $992.00 a month. 27. Because of her impaired mental condition, Nancy J. Hoerner is unable to manage her financial affairs, property and business and to make and communicate responsible decisions relating thereto. 28. A power of attorney would be a less restrictive alternative than Guardianship but none exists to the knowledge of the Petitioner. 29. No member of Nancy J. Hoerner's family is in a position to assume responsibility as Guardian of her Person and Estate. 30. To Petitioner's knowledge, no previous application has been made for the order herein requested or for a similar order. 31. No other Court has ever assumed jurisdiction in any proceeding to determine the incapacity of Nancy J. Hoerner. 32. Nancy J. Hoerner, if discharged from the Domiciliary Care Home without a Guardian of her Person and Estate, would be unable to function on her own and Petitioner believes and, therefore, avers that Nancy 1. Hoerner would be at imminent risk of serious bodily harm because she has no place to live and is not capable of caring for herself. 33. The failure to appoint Petitioner as Emergency Plenary Guardian of the Person and Estate of Nancy J. Hoerner and later as Permanent Plenary Guardian of her Person and Estate would result in irreparable harm to the person and estate of Nancy J. Hoerner 34. To eliminate the imminent risk of harm to Nancy 1. Hoerner, Petitioner, if appointed as the proposed Emergency and Permanent Plenary Guardian of her Person and Estate, will seek to place her in a nursing home or other appropriate facility because that is the least restrictive alternative available for her. WHEREFORE, the Petitioner respectfully requests that: 1. The Court appoint the Area Agency on Aging, in and for Cumberland County, Pennsylvania as Emergency Plenary Guardian of the Person and Estate of Nancy J. Hoerner pending a final hearing on this Petition with such Emergency Guardian having full power to place her in a nursing home or other appropriate facility and such other powers and restrictions the Court deems proper; 2. Pursuant to 20 Pa.C.S.A. 95513, 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; 3. Pursuant to 20 Pa.C.S.A. 95513, the Court schedule a final hearing on or within 23 days from the date of any Emergency Order; and 4. The Court appoint the Area Agency on Aging, in and for Cumberland County, Pennsylvania as Permanent Plenary Guardian of the Person and Estate of Nancy 1. Hoerner. Respectfully Submitted, ~~~ Ant ony L. ca, squire 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. ~5513 and for Permanent Plenary Guardian of the Person and Estate pursuant to 20 P.S. ~5511 of Nancy J. Hoerner 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. ~~7~ Dated: J..A. A.'("'c.J\- to { 'J..DO~ Janet Paull