Ethel Jacobs, 95, has resided since 1991 with her sole surviving child, Robert Jacobs, 73, and her daughter-in-law, who is 74. The elder Mrs. Jacobs suffers from senile dementia. On July 19, 1995, Mrs. Jacobs was admitted by her daughter-in-law to F.F. Thompson Hospital, suffering from severe dehydration. She was also dirty, had poor oral hygiene, and showed evidence of recent incontinence. Linda Janczak, chief executive officer of F. F. Thompson Health Systems, Inc., which operates the hospital, requested that a guardian be appointed for Mrs. Jacobs and that she be admitted to an adult care facility. Mrs. Jacobs opposed the appointment of a guardian and the removal from her son''s home. Mr. Jacobs is also under investigation by the local District Attorney''s Office for possible criminal charges based upon the physical condition of his mother when she was admitted to the hospital.
The court rules that Mrs. Jacobs is incapacitated, but finds no evidence that either Mr. Jacobs or his wife engaged in intentional behavior injurious to Mrs. Jacobs'' health, noting that when Mrs. Jacobs was diagnosed as suffering from dehydration, parts of the nation were experiencing extremely high temperatures. However, the court finds that Mr. Jacobs and his wife may require assistance in maintaining proper hygiene for Mrs. Jacobs, and in arranging for medical services. Therefore, the Court holds that while Mrs. Jacobs may remain at home, the Commissioner of Social Services for the County should be appointed as a special guardian for the limited purpose of arranging for visiting nurse or other home health care services and for regular medical examinations.
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