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HomeMy WebLinkAbout05-19-06 LAW OFFICES OF STEPHEN J. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 .:r IN RE: VIRGINIA M. TAYLOR ALLEGED INCAPACITATED PERSON : COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : PENNSYLVANIA : ORPHAN COURT DIVISION ; NO.: cJJ -O~ - If 3<;--- ~....._-) :::r-:> r l-' PETITION FOR EMERGENCY PLENARY GUARDIANSHIP ) ) ~ .' -) The undersigned brings this Petition through their Attorney, 1 ; Stephen J. Hogg, Esquire, seeking appointment for Plenary , ...) I t Guardianship of Virginia M. Taylor alleging the following: 1. The Petitioner's are Cheryl E. Watson, niece of the alleged incapacitated person, residing at 6203 Catherine Street, Harrisburg, Pennsylvania 17112 and the alternate Petitioner is Sandra L. Nye, niece of the alleged incapacitated person, residing in Red Cliff, Colorado. Petitioner and alternate Petitioner have no interest adverse to the alleged incapacitated person and seeks appointment as Plenary Guardian and alternate Plenary Guardian to ensure the alleged incapacitated person's continued physical and mental health treatment. 2. The alleged incapacitated person is Virginia M. Taylor born July 10,1930 and whose last known address is 510 Appalachian Avenue, Mechanicsburg, PA 17055. LAW OFFICES OF STEPHEN J. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 3. The alleged incapacitated person is married and has an adopted son: Howard J. Taylor, husband (incapacitated) 510 Appalachian Avenue Mechanicsburg, PA 17055 James Taylor, son Address/location unknown No contact 4. The alleged incapacitated person is currently being treated by Dr. Diane M. Angstadt of Pinnacle Health Behavioral Services, Older Adult Mental Health Services. 5. The alleged incapacitated person has been diagnosed by Dr. Angstadt as having Dementia - severe with paranoia, agitation and anxiety (most likely Alzheimer's type). 6. The Petitioner and alternate Petitioner allege that the alleged incapacitated person has shown hierelf to be unable to adequately care for her own needs and would likely not pursue any physical or mental health treatment as prescribed by Dr. Angstadt. 7. The Petitioner and alternate Petitioner request that they be appointed Plenary Guardian and alternate Plenary Guardian of the alleged incapacitated person to assure continued needed physical and mental health treatment and over the estate of the alleged incapacitated person to ensure that the alleged incapacitated person does not waste or squander her estate. LAW OFFICES OF STEPHEN J. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 8. The Petitioner and alternate Petitioner allege that they are the most qualified individuals to be appointed Plenary Guardian and alternate Plenary Guardian of the alleged incapacitated person having her best interests in mind. 9. The Petitioner and alternate Petitioner seek appointment as Plenary Guardian and alternate Plenary Guardian of the alleged incapacitated person only so long as the alleged incapacitated person is determined by her treating doctor, Dr Angstadt, to be unable to take care of her own needs. 10. The Petitioner and alternate Petitioner estimate that the gross value of the alleged incapacitated person's estate is $270.000.00. 11. Petitioner and alternate Petitioner seek appointment as Plenary Guardian and alternate Plenary Guardian of the alleged incapacitated person's estate and of her person. Respectfully Submitted, Stephen J. H squire Attorney for et' ioner and Alternate Petitioner Date: ~ VERIFICATION I verify that the statements made in this Petition for Plenary Guardian to the Court of Common Pleas of Cumberland County, Pennsylvania, are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Section 4904, relating to unsworn falsifications to authorities. Date: S-/;9),(, c~a~~ VERIFICATION I verify that the statements made in this Petition for Plenary Guardian to the Court of Common Pleas of Cumberland County, Pennsylvania, are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Section 4904, relating to unsworn falsifications to authorities. Date: s-/ ~ ?~ 5-18-06; 4:15PM;BEHAVIORAL SERVo ;7826979 # 2/ PinnacleHealth Behavioral Services Name Taylor, Virginia Date 5118/2006 Cheryl Watson - niece Date First Seen Locotion Total Time of Eval 5118/2006 Date of Binh Refer,al Source FamJly/POA 7/10/1930 SSN 169-24-6417 Dr. Fahnestock 3-MemoriaJ Geriatric Clinic 90 minutes Reason for Eval Cognitive impainnent and behavioral changes History of Ptesent Illness This 74 yo married white woman who was residing with her husband in Mechanlcsburg, PA is referred to the evaluation by Dr. Fahnestock due to signifICant cognitive impainnent. She fs accompanied by her nieces, Sandy Nye and Cheryl Watson. MIS.Taylor's husband, who has been her primary caregiver, was admitted to Holy Spirit Hospital for his heart disease on 4-2Q..06. Since that time; Mrs. Taylor has been unable to care for herself due to her cognitive and functional deficits. Mrs. Taylor exhibits poor short and long tann memory, disorientation to time and pface, impaired attentionat skills, word finding difficulty, Impaired comprehension. and Inconsistent recognition of family members and neighbors. Her nieces have been attempting to assist MIS. Taylor and unfortunately, Mrs. Taylor has reacted with suspiciousness and high irritability. Mrs. Taylor has no insight into her cognitive problems and she beCOmes anxious and physically agitated with minor changes in routine. Her sleep is disrupted and her appetite inconsistent. She has been forgetting to eat and forgetting to take her medication. She states that people are coming into her house and moving items. She believes that events from the past are occurring at this time. She had been driving unsafely until her nieces were able to disable the car. Her hygiene is declining as she misperceives that she has bathed when she has not. On 5-10-05. Mrs. Taylor was seen by Dr. Fahnestock accompanied by her niece. Sandy Nye. Mrs. Taytor exhibited significant cognitive impairment including confusion about her medication. Dementia lab work-up was completed and is negative for arrestable causes of dementia. On Interview today, Mrs. Taylor was unable to state her address. phone number t social security number. date of birth, plaCe of birth or names of her nieces. She tries to took up the information in her wallet and became frustrated when she could not find such. She could not follow simple directions. She could not know how to seek assistance for medical needs. She did not know her medications. She appeared aware that her husband was not at home, but she did not know what had happened to him. Her affect was blunted and she did not initiate conversation. She was not aware of her deficits even when she was unable to answer questions on the MMSE. Medical History Dementia, Hypothyroidism, Hypercholesterolemia. Hx Thyroid Ablation in 1976, Hx T AH for Fibroids in 1977 CU"enJ Medications Synthrold 75 mcg q day, Upitor 20 mg q day (patient has not been taking) AIle1'gies PCN Pertinent Labs 5-10-06 H1H-15.4/44.2. Na-141. K-3.9. BUN-14, CR-0.9. LFTs-wnl. Vrt 812-391, TSH-3.08, RPR~NR Past Psychlatrlc History There is no tonnal past psychiatric history. She has had a gradual cognitive decline since 1998. Her husband was her primary caregiver and he did not seek medical attention for her cognitive deflcb. Her alcohol history is unclear. She and her husband dined out 100% of the tine and did have alcoholic drinks. She qult smoking over thirty years ago. She may have using Tylenol PM at home for sleep. FllmUylSocitll History Virginia could not give her personal history. Her famUy reports that her father. William Sherriff, was a '>tire and brimstone" minister who was strict and controlling. He died of cardiac disease at age 78. Her mother, Anna Sherriff, was a homemaker who was 'imid and sweet tempered." She died at age 90 and had suffered from Alzheimer's disease. Her brother, died at age 82 of cardiac and occupational induced pulmonary disease. One sister. Rosanna, died at age 90 and may have had dementia. One sister, Florence Nye, is 77 years old and in good health. Another sister, Helen Shields, is 74 years old and was diagnosed with Alzheimets disease in 2006. Vifllinm graduated from high school and she has been a homemaker. Her husband. Howard, "Hop" is retired from Be1l Telephone and he is noted to be Iloplnionated." He suffers from cardiac disease for which he was recently hospltallzed. He also suffers from dementia. He remains jn the hospital 8S guardianship is befng pursued for Mr. Taylor. The Taylors adopted a son. James. in 1964 and he has been alienated from his parents with no contact since 1985. Her nieces, Cheryl Watson and Sandra Nye, who are daughters of FlOrence Nye have been her primary supports. Cheryl lives locally and Sandra resides in Colorado. Signature: D-- J'V\ ~~~ Dillne M. A"gsttult, M.D. Older AdMIt Mmtal HulIi Sen;res Dine: ~rl\''C1a Page 1 of 3 5-18-06: 4: 15PM:BEHAVIORAL SERVo . r PinnacleHealth Behavioral Services Name Taylor, Virginia Neuropsychological Testing Neuropsychological testing was not completed as part of this evaluation. ;7826979 # 3/ 4 . Date 5/18/2006 F""ctiontll Review of Systems Sleep Pattern Fair Appetite Pattern Inconsistent Bhulder Status Continent Bowel Stolus Continent Hearing Adequate Vision Adequate Teeth Natural Ambulation Independent Pain Denies Safety Concerns Living alone ADLs Failing Comments She has been driving unsafely and not taking her medication proper1y. She Is unable to manage money. She is forgetting to eat and not showering. She states that shE? walked to the grocery store by herself. Otherwise. there has been no known wandering. Other MenJlIl Stfdus ExtmdntUio" AppetU'ance Appropriate Speech Clearl Word finding diffICUlty Affect Blunted Mood Anxious Suicidal Ideation Denies Hallucinations No overt Partllloia Mild Sensorium Alert Concentration Impalred Reasoning Impaired MMSE 11130 Signature: __.~ /v\. d:::1~ ~_ Dione M. Angstadt, M.D. Older Adult Mental Hellltll Suvias Participation Activity No tremor Anxle(y Obsess18ns1Compulsions HomJcld41ldeation Delusions InsighVJudgement Orientation Person Yes Memory Language Other Date: <; - t 8' '0 <0 Page 2 of 3 Attempts to interact Eye Contact Intermittent Generalized Hoarding Denies Others intentions Impaired Time 0/5 Recall 013 Place 015 Decreased comprehension 5-18-06; 4:15PM:8EHAVIOQAL SERVo ;7826979 t:t 4/ 4 a. 1- ., I PinnacleHealth Behavioral Services Name Taylor, Virginia Date 5/18/2006 Diagnostic lmpres~ion 74 yo woman with severe cognitive deficits in .memory, orientation, recognition, language and comprehension. The severe degree of her dementia impairs her ability to safely care for herself. AxU I Dementia ~ severe with paranoia, agitation and anxiety (most likely Alzheimer's type) Axis II No Diagnosis Axis m Hypothyroidism, Hypercholesterolemia, HxThyroid Ablation in 1976, Hx TAH for Fibroids in 19n Axis W Severe stress due to cognitive deficits and absence of caregiver Axis V: Level of Functioning: 40 Recommendations Mrs. Virginia Taylor suffers from severe dementia. Due to her dementia, she lacks the capacity to care for herself. She lacks the capacity to manage her medications, drive, complete financial transactions, maintain her home, or maintain her physical we~being. It is recommended that her family pursue emergency guardianship for Mrs. Taylor In order to pursue appropriate placement in an Assisted LMng Facitity where she wiU receive 24 hour dementia care. Her famity is in contact with Attorney Stephen Hogg of Carlisle, PA for legal assistance. After Mrs. Taylor is admitted to an Assisted Living facility, recommendations can then be made related to medication trials with Aricept and I or Namenda for cognitive stabilization. At best. these medications may slow further decline in her cognition and the medications would not restore her lost cognitive skills. At the Assisted Living facility, she would receiVe assistance with her basic activities of daily living. medication monitoring. meals. and a safe environment. In addi1ion. the facility would provide meaningful dementia based therapeutic activities. It is the goal of her family to find a facility that can accept both Mr. and Mrs. Tayfor as residents. Thank you for the opportunity to evaluate your patient. Our contact number is (717)-782-2160. Follow-up appointments in our outpatient clinic for assistance with dementia care are available if deSired in the future. Signature: ~ ~. /:\-I;) ~~_ Dione M. Angstadt, M.D. Older Allult Mental Hetdtlt Senlces Date: ')"-, K 'CJ~ Page 3 of 3