HomeMy WebLinkAbout04-03-06
IN RE: CONSTANCE M. MEREDITH : IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
: ORPHANS' COURT DIVISION
An alleged incapacitated person : NO.
On the Petition of WILLIAM J. MEREDITH
PETITION FOR APPOINTMENT OF GUARDIAN OF THE
PERSON AND ESTATE OF AN ALLEGED INCAPACITATED PERSON
TO THE HONORABLE PRESIDENT JUDGE OF SAID COURT:
NOW COMES, Petitioner, WILLIAM J. MEREDITH, of 165 Linn Drive, Carlisle,
Pennsylvania 17013, by and through his attorney, Marielle F. Hazen, Esquire, and files the within
Petition for the Appointment of Guardian of the Person and Estate of an Alleged Incapacitated
Person, and in support hereof, avers as follows:
1. CONSTANCE M. MEREDITH, the alleged incapacitated person, currently resides at
165 Linn Drive, Carlisle, Pennsylvania 1 7013. She is seventy-three (73) years old, her date of birth
being May 23, 1932.
2. CONSTANCE M. MEREDITH has two (2) children: William R. Meredith (son), of
404 Pine Grove Drive, Gardeners, Pennsylvania 17324; and Stephen D. Meredith (son), of 104 West
Green Street, 3rd Floor, Mechanicsburg, Pennsylvania 17055.
3. CONSTANCE M. MEREDITH is a patient in a mental hospital. She is currently a
patient at the Danville State Hospital, 200 State Hospital Drive, Danville, Pennsylvania 17821.
4. The Petitioner is CONSTANCE M. MEREDITH's husband, WILLIAM J.
MEREDITH, of 165 Linn Drive, Carlisle, Pennsylvania 17013.
5. The names and addresses of those persons who would be the intestate heirs (or next of
kin) of CONSTANCE M. MEREDITH are her husband and two (2) children as follows: William J.
Meredith (spouse), 165 Linn Drive, Carlisle, Pennsylvania 17013; William R. Meredith (son), of
404 Pine Grove Drive, Gardeners, Pennsylvania 17324; and StephenD. Meredith (son), of104 West
Green Street, 3rd Floor, Mechanicsburg, Pennsylvania 17055.
6. The name and address of the person or institution providing residential services to
CONSTANCE M. MEREDITH are as follows: None.
7. The names and addresses of other service providers are as follows: None.
8. CONSTANCE M. MEREDITH's primary psychiatrist: Conrada Ola, M.D., Danville
State Hospital, 200 State Hospital Drive, Danville, Pennsylvania 17821.
9. CONSTANCE M. MEREDITH was not a member of the Armed Services of the
United States nor is she receiving benefits from the United States Veterans Administration.
10. The Petitioner asks that he, WILLIAM J. MEREDITH, be appointed as Guardian of
the person and estate of CONSTANCE M. MEREDITH. The proposed guardian is the husband of
CONSTANCE M. MEREDITH.
11. The proposed guardian has no interests that are adverse to the interests of
CONSTANCE M. MEREDITH.
12. Petitioner believes, and therefore avers, that no Court has ever assumed jurisdiction in
a proceeding to determine whether CONSTANCE M. MEREDITH is incapacitated.
13. Petitioner believes, and therefore avers, that CONSTANCE M. MEREDITH has not
previously had a guardian appointed, nor is a guardianship hearing pending in any other jurisdiction.
14. The reasons why this guardianship is being sought are as follows: CONSTANCE
M. MEREDITH is unable to manage her financial affairs or to make decisions regarding health
care/medical decisions, due to schizophrenia with psychotic episodes and delusions.
15. The functional limitations and physical and mental condition of CONSTANCE M.
MEREDITH are: CONSTANCE M. MEREDITH is not able to manage her financial affairs, nor is
she able to make competent decisions as far as her welfare is concerned.
16. CONSTANCE M. MEREDITH's care at the Danville State Hospital is being paid for
by Petitioner. The cost is $611.00 per day. This cost is financially devastating and is depleting
Petitioner's assets. Petitioner needs to have access to CONSTANCE M. MEREDITH's IRA account
and annuity so the funds can be utilized for care expenses.
17. Eventually CONSTANCE M. MEREDITH will qualify for Medical Assistance and
Petitioner will need the guardianship to have the authority to make application for her for Medical
Assistance benefits.
18. The following steps have been taken, in order to find less restrictive alternative to the
appointment of a guardian: CONSTANCE M. MEREDITH is not competent to execute a power of
attorney. No less restrictive alternatives are available to adequately provide for the physical and
financial care of CONSTANCE M. MEREDITH.
19. The Petitioner requests that the guardian be granted powers to act for CONSTANCE
M. MEREDITH in the following specific areas: financial management, and medical and health care
affairs including care and placement decisions, access to all medical records, including psychiatric
records, and the power to make all decisions regarding medical treatment and life support.
20. Petitioner also requests that he, in his capacity as plenary Guardian of the Person and
Estate of CONSTANCE M. MEREDITH, have the power and authority to serve as personal
representative for CONSTANCE M. MEREDITH for all purposes of the Health Insurance Portability
and Accountability Act of 1996, (Pub.L.1 04-191),45 CFR Sections 160 through 164, including but
not limited to full authority to review her medical records and to execute releases of confidential
information from medical providers and insurers or other third party payors.
21. The proposed guardian has the following qualifications: The proposed guardian is the
husband of CONSTANCE M. MEREDITH. The proposed guardian loves and cares for
CONSTANCE M. MEREDITH.
22. CONSTANCE M. MEREDITH's assets total approximately Seventeen Thousand,
Sixty-six Dollars ($17,066.00) titled in her sole name, and approximately Three Hundred Fifty
Thousand Dollars ($350,000) titled jointly with Petitioner/spouse, WILLIAM J. MEREDITH.
23. CONSTANCE M. MEREDITH's net income from Social Security totals
approximately Two Hundred Eighty-five Dollars ($285.00) per month.
Petitioner respectfully requests that the Court, under Section 5511 of the Probate, Estates and
Fiduciaries Code, issue a Citation to CONSTANCE M. MEREDITH, CONSTANCE M.
MEREDITH's next of kin, and to such other persons as the Court directs, to show cause why
CONSTANCE M. MEREDITH should not be adjudged to be an incapacitated person and a plenary
guardian of her person and estate be appointed.
Respectfully submitted,
Date:~..hd7iLon~
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, . By: Ma elle . azen, Esquire
Attorney for Petitioner
Court ID No. 68003
2000 Linglestown Road, Suite 202
Harrisburg, Pennsylvania 17110
(717)540-4332
IN RE: CONSTANCE M. MEREDITH : IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYL VANIA
: ORPHANS' COURT DIVISION
An alleged incapacitated person : NO.
On the Petition of WILLIAM J. MEREDITH
CONSENT TO APPOINTMENT AS GUARDIAN
1. The name of the proposed guardian of the person ofCONST ANCE M. MEREDITH
is WILLIAM J. MEREDITH.
2. The name of the proposed guardian of the estate ofCONST ANCE M. MEREDITH is
WILLIAM 1. MEREDITH.
3. The proposed guardian speaks, reads and writes the English language.
4. The proposed guardian does not have an interest adverse to the alleged incapacitated
person.
5. The proposed guardian is retired.
6. The proposed guardian is not a fiduciary, or officer or employee of a corporate
fiduciary of an estate in which the alleged incapacitated person has an interest; and is not the surety,
or officer or employee of a corporate surety of such fiduciary.
Dated: ~ ~l \0 f.p
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WILLIAM J/MEREDITH
IN RE: CONSTANCE M. MEREDITH : IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYL VANIA
: ORPHANS' COURT DIVISION
An alleged incapacitated person : NO.
On the Petition of WILLIAM J. MEREDITH
VERIFICA TION
I verify that the statements made in this Petition are true and correct. I understand that false
statements herein are made subject to the penalties of 18 P A.C.S. S 4904, relating to unsworn
falsification to authorities.
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WILLIAM J. MEREDITH