ELUSIVE INCOMPETENCE – A CAUTIONARY TALE

By Tim Barkley. February 2021. “My dad is in assisted living. We need to pay his bills, but his power of attorney says it only works if he’s incompetent. I can’t get anybody to say he’s incompetent. They say the doctor will check up on him and make an evaluation, but...

CONSTERNATION

Consternation. March 2019. By Timothy S. Barkley, Sr. “Well, thank you for your time, your Honor.”  The hearing on emergency guardianship had concluded in manner not entirely satisfactory to Susan and her brothers. “All rise!” directed the bailiff, as the judge...

GUARDIANSHIP

Guardianship. July 2018. By Timothy S. Barkley, Sr. The lawyer’s telephone rang.  A man’s voice on the other end spoke urgently: “My name is Henry Jones.  My mother, Ophelia Jones, fell yesterday and is in the hospital.  I saw a power of attorney on her desk with your...

CONSTRUCTING A PLAN

By Timothy S. Barkley, Sr. May 2018. Our last installment ended with our intrepid caregiver, Elizabeth, lamenting, “That’s what scares me.  Who can help me put together a plan?” Her attorney nodded.  “It is a scary situation.  The thought of your mother coming...

IMPORTUNITY KNOCKS

By Tim Barkley. November 2016. Elderly and alone, my client had faced the future with fear. Widowed and childless, she relied on her money to secure her the attentions of her neighbors and nieces. Money was the carrot; the stick was her threat to write them out of the...