First, Gloria drafted a revocation of the medical power of attorney I’d signed years ago, naming David as my health care agent. I signed it right there in my hospital bed, with a notary who happened to be on staff in the hospital’s legal office. Malcolm made a phone call and she was there in fifteen minutes.
Second, I signed a new health care directive naming my oldest friend, Joyce Whitaker, from church. Joyce had been my friend for forty years. She’d driven me to every cardiology appointment for the last six months, because my kids were “too busy.”
Third, I signed a new durable power of attorney for finances. Also naming Joyce. Effective only if two doctors certified that I was incapacitated.
Fourth, I signed a letter instructing the hospital not to release any information about me to David, Sarah, or Michael without my written permission.
My hand was shaking by the end. But every signature was mine.
“One more thing,” Gloria said. “The most important thing.”
“What?”
“You need an independent capacity evaluation,” she said. “Not by anyone they picked. Not by anyone at this hospital, so nobody can say Dr. Chen influenced it. By a board-certified geriatrician who’s never met you. As soon as your doctors say you’re medically stable enough.”
“I’m stable,” I said.
“You had heart surgery six hours ago.”
“I do the crossword in pen,” I said.
Gloria looked at me over her red glasses. Then she smiled.
“I’ll call Dr. Elena Ruiz in the morning,” she said. “She’s the best in Seattle. And she can’t stand people who try to take old women’s houses.”
Chapter Seven: The Flowers
My children came back the next morning.
It was Wednesday, a little after ten. I was sitting up in bed eating red Jell-O. My chest hurt, but my head was clear. The surgeon had been by at eight and said everything looked “textbook.”
I heard them before I saw them. Sarah’s laugh in the hallway. Michael saying something about the vending machine. David telling them both to keep it down.
Then they came through the door.
Sarah first, carrying a big bouquet of yellow roses wrapped in cellophane. Michael behind her with a balloon that said GET WELL SOON. David last, in his gray work suit, holding a manila envelope.
“Mom!” Sarah said brightly. “Look at you! You’re awake!”
She came over and kissed my cheek. She smelled like perfume and coffee. She set the roses on the tray table, right next to my Jell-O.
“We were here all day yesterday,” she said. “You were so out of it. We didn’t want to wake you.”
“The nurse said you left,” I said, “because of the parking.”
Sarah’s smile flickered. Just for a second.
“Oh, that was Michael,” she said with a little laugh. “He was being dramatic. You know how he is.”
“Hey,” Michael said. He tied the balloon to the foot of my bed. “It was thirty-two bucks, Ma. That’s highway robbery.”
“Thirty-two dollars,” I said. “That’s highway robbery.”
He grinned. He didn’t hear what I meant. Michael never did.
David came around the other side of the bed. He kissed my forehead. He pulled up a chair.
“How are you feeling, Mom?”
“Sore,” I said. “But okay.”
“Good. That’s good.” He set the manila envelope on his lap. He smoothed it out with both hands. “Listen. While you’re in here, there’s some insurance stuff we need to take care of. Just some forms. Boring stuff. So we can handle your bills while you recover.”
“What kind of forms?”
“Just a power of attorney,” David said easily. “Updated. The old one’s from 2016. The insurance company wants a newer one. So I can talk to them for you.”
He slid a document out of the envelope. He uncapped a pen. He held both out to me.
“Just sign on the last page,” he said. “Where the yellow tab is.”
I didn’t take the pen.
I looked at my son. My oldest. He had Frank’s chin and Frank’s way of tilting his head when he wanted something. He was forty years old. He had a wife and two kids and a house in Kirkland with a three-car garage.
“Can I read it first?” I asked.
David’s smile tightened. “Mom. It’s twelve pages of legal language. You just had surgery. You don’t want to…”
“I’d like to read it,” I said.
“Mom, come on. We don’t have all day. Parking’s…”
He stopped.
The room went very quiet.
Sarah looked at the floor. Michael looked at the balloon.
“Parking’s expensive,” I said softly. “I know.”
I held out my hand. David hesitated. Then he gave me the document.
I put on my reading glasses. Joyce had brought them, along with my purse and a nightgown, at seven that morning.
I read the first page. Durable General Power of Attorney. Effective immediately. Grants the agent full authority to buy, sell, mortgage, or transfer any real property of the principal.
I read the second page. Authority to make gifts. Authority to change beneficiaries. Authority to transfer assets into trusts.
I turned to the last page. The yellow tab. Agent: David Francis Davis.
I set it down on my blanket.
“This isn’t an insurance form, David,” I said.
Chapter Eight: Malcolm Comes In
David’s face changed. All the warmth slid off it, like snow sliding off a roof.
“Mom,” he said carefully. “You’re confused. It’s the anesthesia. They said this might happen.”
“I’m not confused.”
“You’re not thinking clearly. That’s okay. That’s normal after what you went through.”
“I’m thinking very clearly, David.” I took off my reading glasses. “This gives you the power to sell my house. Today. Without asking me.”
“It’s for your protection!”
“Protection from what?”
He didn’t answer. He looked at Sarah. Sarah looked at the floor.
That’s when someone knocked on the doorframe.
Malcolm stood there. Dark suit. Briefcase. Gloria Nakamura was beside him with her red glasses and her laptop bag. And behind them, a woman I didn’t know yet. Fifties, silver earrings, a white coat with a hospital badge from a different hospital. Swedish Medical Center.
“Good morning,” Malcolm said pleasantly. “I hope we’re not interrupting.”
David stood up. “Who are you?”
“Malcolm Chen,” he said. “I’m a friend of your mother’s.”
“A friend?” David laughed. “Mom doesn’t have any friends who look like you.”
“Actually,” Malcolm said, “I’ve known her longer than you have.”
Gloria stepped forward. She held out a business card.
“Gloria Nakamura,” she said. “I represent your mother.”
David took the card. He read it. His face went pale.
“Represent her?” Sarah said. “For what? She doesn’t need a lawyer.”
“She does,” Gloria said, “since you filed a petition yesterday afternoon at 4:22 asking the King County Superior Court to appoint David as her emergency guardian and conservator.”
The room went dead silent. Even the heart monitor seemed to hold its breath.
Michael turned around slowly from the balloon. “Wait. What? We didn’t file it yet. Bradley said he was going to file it Friday.”
“Michael,” David said sharply.
“You told me Friday!”
“Michael, shut up.”
Gloria opened her laptop bag. She took out a stapled stack of papers.
“Your mother revoked her old health care power of attorney yesterday evening,” she said. “At 6:10 p.m. She’s executed a new one naming someone else. She’s also executed a new financial power of attorney, a new health care directive, and a written instruction to this hospital not to release her records to any of you.”
She set the papers on my tray table, next to the roses.
“And,” Gloria said, “your mother had an independent capacity evaluation at eight-thirty this morning.”
She turned to the woman in the white coat.
“This is Dr. Elena Ruiz. Board-certified in geriatric medicine. Twenty-two years. She’s testified in more than a hundred guardianship cases in this county.”
Dr. Ruiz stepped into the room. She had a calm, no-nonsense face.
“I evaluated Mrs. Davis for ninety minutes,” she said. “Cognitive testing. Executive function. Financial judgment. Memory. Orientation. She scored twenty-nine out of thirty on the Montreal Cognitive Assessment. The one point she missed was because she couldn’t see the picture of the camel without her glasses.”
I almost laughed. It had looked like a dog.
“She understands her finances,” Dr. Ruiz went on. “In detail. She could tell me her monthly income to the dollar. She knows the value of her house. She knows the balance of her savings account. She knows exactly how much she’s loaned to each of you.”
She looked at David.
“In my professional opinion,” she said, “Mrs. Davis has full capacity to make her own medical, financial, and personal decisions. My report will be filed with the court by noon.”
David’s mouth opened. Then it closed.
“She’s sixty-four,” he said finally. “She just had heart surgery. She’s forgetful. She forgot my daughter’s birthday last month.”
“I didn’t forget it,” I said. “I didn’t have the money for a present because I paid Michael’s truck payment. The lender called me. I called Emma and told her I’d take her for ice cream instead. She was fine with it.”
Michael flinched.
“And the bills,” David said. “She’s been late on bills.”
“I’ve been late on bills,” I said, “because I’ve been paying your sister’s credit cards and covering your brother’s truck and waiting for you to pay me back sixty thousand dollars.”
He stared at me.
“I’m not forgetful, David,” I said. “I’m broke. Because of you.”
Chapter Nine: Sarah
David turned on Malcolm.
“I don’t know who the hell you are,” he said, “but you’ve been filling her head with garbage. You’re some kind of con man. You’ve been working on her. Trying to get your hands on the house yourself.”
“David,” I said.
“No, Mom! Who is this guy? Some rich stranger shows up the day of your surgery and suddenly you have a lawyer and a new power of attorney and…”
“He owns this hospital,” Sarah said quietly.
Everyone turned to look at her.
She was standing by the window with her arms wrapped around herself. Her face had gone white. She was looking at Malcolm.
“Dr. Malcolm Chen,” she said. “Chen Health. I saw his picture on the wall in the lobby on the way in. He owns this hospital. And three others.”
David stopped.
“Why would the owner of a hospital want Mom’s little house?” Sarah said. Her voice was shaking. “Come on, David. Think about it for one second.”
David opened his mouth. He didn’t have anything to say.
Sarah looked at me. Her eyes were filling with tears.
“I didn’t want to do it, Mom,” she said. “I swear to God. I told David I didn’t want to.”
“Sarah,” David snapped.
“No. No, I’m done.” She wiped her eyes. “David came to me in August. He said you were getting old. He said you were making bad decisions. Giving away money. He said if we didn’t do something, you’d lose the house and end up on the street, and we’d all have to take care of you.”
“I was giving money to you,” I said quietly.
“I know.” She was crying now. “I know, Mom. I knew it the whole time. That’s the worst part. He said the guardianship would protect you. And he said that once the house was sold, there’d be enough for your care and some left over for each of us. And I needed it so bad. I’m so far underwater on these cards. I can’t even open my mail anymore.”
“So you went looking at memory care,” I said. “In Everett.”
She flinched like I’d slapped her.
“How do you know about that?”
“Seven thousand four hundred dollars a month,” I said. “Semi-private room. Available November first.”
Sarah put both hands over her face.
“I went to look,” she said through her fingers. “And I sat in the parking lot afterward and cried for an hour. Because there was a lady in a wheelchair in the hallway, and she kept asking everybody if they’d seen her daughter. Over and over. And nobody had.”
“Then yesterday,” Sarah said, wiping her face with her sleeve, “we were sitting in the waiting room. And David got a text from Bradley’s office. And he said, we have to go. Now. If we get the petition in today, while she’s still in the hospital, the judge will grant it for sure. Because she’ll be on drugs and confused, and it’ll look bad.”
She looked at Michael.
“And Michael said what about Mom, she’s going to wake up alone. And David said tell the nurse it’s the parking. She won’t even remember tomorrow.”
The room was silent.
I looked at David.
“She won’t even remember,” I said.
David didn’t say anything. He sat back down in his chair. He put his head in his hands.
Michael was standing by the balloon, looking like a little boy who’d been caught breaking a window.
“Ma,” he said. “I’m sorry. I didn’t… David said it was the right thing. He said he’d handle everything. He said I wouldn’t lose the truck.”
“You were going to put me in a home,” I said, “to save your truck.”
He didn’t answer. He started crying. Big, ugly, little-boy tears.
Malcolm hadn’t said a word through all of it. He was standing by the door with his briefcase, very still.
Now he stepped forward. He looked at my three children one by one.
