Is it just me or….

I’m not sure where I left off.  I think it’s time to stray then pick up at the last area of critique. 

This criticism of my “coercing” Pete to forgo his daughter’s “power of attorney”, a power of attorney to which I received no copy of, nor only a vague reference of by the daughter, Nicky, is unfounded.  First, as everyone knows, his friend and dating partner, Dolores Baldasare, killed herself with a head concussion, left untreated by her daughter.  That set off a series of events, and not the least of which, Nicky hired Tom Baker to draft a new Last Will and (from what I gathered much later on a visit to the Public Records Annex) some other forms.  I think even Tom Baker himself was trying to get power  of attorney.  Anyone who knows of this partnership knows there is/was something wrong.  First, Nicky was told her cancer was not curable, and that treatment was needed three times a day/ seven hours a day.  Her eyes were failing, and she had neuropathy from the chemo.  She admitted she could not focus, a side effect of chemo.  She and her husband had no extra car, and they lived 60 miles from her dad.  She never took an active role in her dad’s affairs, too.  Tom Baker, on the other hand, was disbarred in the 80’s, and got his license back about seven years later.  He was ostricized for estate fraud, and including himself as a beneficiary on his client’s Last Will.  Is it just me or the two of these together mean that they lacked the background and sincerity to execute a Power of Attorney?

 

After Dolores died, Pete pondered who he could consult to manage his affairs, and make sure his Will included, or excluded everything.  He was lied to that he had to “extract” Dolores’ name from the Will because after 30 days, it becomes null and void.  Another deceit just to get Pete in the realm of re-drafting that which didn’t need to be fixed.

Anyway, he came across HIS friend and attorney of Smith, Alling, Lane, of which Ed Lane was a partner.  I liked Ed. He was very likeable, and didn’t seem to have a mean bone.  He was married to Linda Lane, and they made a nice couple.  As a cruel twist of fate, Ed had drafted good documents for the purpose and matter at hand, and Pete agreed to make Ed the Power of Attorney, and agreed that I should get 4% of the house to cover for lost wages from that point into the future, and that I could stay in the house for a year to facillitate a transition, keep the house insurance in force, and keep the grounds and house managed while I stay and the house cleaned up and cleaned out, and put on the market.  The 4% of a $775,000 house sale equalled about $35,000, which was fair and equal compensation for my forfeiting $800 a month, more or less.

Ed Lane died in February 2006 of pulmonary and lung failure.  I knew he was sick but not that sick.  I thought I had done the right thing by telling Pete that Ed was a good choice.  Chronic illness is something that one cannot predict, and people do themselves a disservice when they think I “stole” Pete for my own doing.  I took Pete to the service.  I now wondered if another trusted friend was available that he had not thought about.

Doug Alling, Ed Lane’s partner, agreed to consult and it seemed the wise thing since Pete’s file and most of the firm was familiar with Pete.  It seemed logical and safe from a practical standpoint.

At this point, I should mention that Nicky, Pete’s daughter, had suggested someone by the name of Barbara West, who lived in Kent, and never made a introduction over the phone.  I think the Kent part of the equation didn’t sit right with Pete, not to mention that although he liked the company of lawyers, he did not trust a woman and a lawyer one and the same because he felt that created a cozy relationship for his daughter.  Go figure.

Doug Alling was ready to take the helm, when HE approached me about March 2006 and said that he, thru his client Pete, would like to offer me, Durable Power of Attorney, contingent on disability, and to assure me that it could work with the right safeguards and communication.  Of course, on one hand, it seemed like my experience lended itself to the job, but that it came with some degree of liability and risk.  I also wasn’t asked, but at the time, Pete had asked me in December to  look into going into some business ventures.  I finally, after two years, said “yes” to the latter.  The former seemed to clash with business ventures if I agreed to be his attorney  in fact.  In fact, no pun, I told Pete that if I were to go into partnership with him, it would be a small venture, and that I would  have to give up my care provider role, and train someone.  At least that was the idea in February.  Ed Lane’s death and Doug Alling’s holding-me-in-reserve-just-in-case brought confusion into the fray.  By March of that year, ’08, I had made up my mind about how the new “reserve funds” from a reverse mortgage should be put to better use.  About $269,000 best put to use…