Total pages in book: 21
Estimated words: 19358 (not accurate)
Estimated Reading Time in minutes: 97(@200wpm)___ 77(@250wpm)___ 65(@300wpm)
Estimated words: 19358 (not accurate)
Estimated Reading Time in minutes: 97(@200wpm)___ 77(@250wpm)___ 65(@300wpm)
I checked the time on my phone and glanced back up at her in confusion. I was five minutes early. “I thought the hearing was scheduled for nine thirty, Your Honor. My apologies.”
She waved her hand in the air in a beckoning motion. “If you want to be exact about it, sure. But I’ve got about ten more cases to get through this morning, and I know one of you is going to throw a wrench into the schedule by running over.”
After tossing a reassuring smile at my client, I ushered her over to our side of the courtroom, indicating the chair she should sit in. Then I approached the bench alongside opposing counsel.
“What do we have?” the judge asked.
Before I could say anything, my opposing counsel jumped right into the issue. “Your Honor, my client strongly opposes Janet Miller’s request for power of attorney, medical or otherwise, in regards to one Joseph Miller. My client expressed deep concerns over Mrs. Miller’s request.”
“Doctor Miller,” I corrected calmly but firmly, the way I had to do every time he pulled this cheap trick. I had to imagine getting multiple PhDs in psychology and sociology wasn’t easy, and if I’d earned one, much less two, I might want people to acknowledge it.
“She’s not a medical doctor,” the attorney sighed. Unfortunately for him, Judge Ricks lifted an eyebrow in challenge. “Fine. Dr. Miller.”
Judge Ricks eyed him over her glasses. “And what kind of concerns does your client have, exactly? It’s my understanding Dr. Miller’s requesting this power of attorney for her husband due to a documented diagnosis of Alzheimer’s.”
The attorney, a man named Warren Chisholm I didn’t particularly like for his smarmy manner and tendency to not give a shit about what was best for the actual families involved in a family law case, cleared his throat. “Inadequate medical diagnosis, for one. We dispute the diagnosis.”
I was so surprised I blurted, “Despite corroboration by your own doctor?” The judge held up her hand to shush me.
Warren continued as if I hadn’t said anything. “Suspected cognitive decline in the petitioner, for another.”
“Are you joking?” I sputtered. “She’s sixty!”
After receiving another disapproving look from the judge for interrupting, I held up my hands in apology and let Warren go on.
“Your Honor, Joseph Miller is perfectly capable of making his own decisions, and a medical power of attorney is premature. If, however, the court agrees that one is advisable in this case, it should go to my client, Mr. Miller’s own son, who is not only a medical professional himself, but also a young and virile member of the community.”
I stared at him before turning to the judge and mouthing, “Virile?”
She closed her eyes and inhaled before leaning forward. “Let me rightly understand your position, Mr. Chisholm,” she said. “Mr. Miller doesn’t need a power of attorney, but if he did, it should go to Joseph Miller, Jr. because he’s a…”
She rifled through the paperwork before looking back up at him. I knew Judge Ricks well enough to see her fighting off a smirk. “Phlebotomist.”
Warren shifted his eyes down, around, and back up. He knew how stupid he sounded, but he was working hard for his client, which was his job. “Yes. Moreover, he is a blood relative, and Dr. Miller is not. That alone should be reason enough—”
I opened my mouth to speak, but the judge got there first. “I assume Mr. Baptiste is getting ready to point out Cruzan v. Director, Missouri Dept. of Health, and he’s right. Spouses are legally next of kin by default. Try something else, Counselor.”
Joey Miller didn’t like his stepmother. That much was obvious. But as far as I could see, the primary reason he was fighting this was due more to his father’s millions than any paternal love he had for Mr. Miller or concern for his medical care. For that reason alone, I was happy to be arguing Janet’s side. I kind of felt bad that Warren was representing a jackass.
“She’s the primary beneficiary of his estate,” Warren said. “She stands to benefit if he dies.”
“When he dies,” Judge Ricks corrected. “It happens to all of us, I’m afraid. And it is standard for the surviving spouse to get the estate.” She pursed her lips. “Did you bring any evidence that Dr. Miller would not make Mr. Miller’s legal and medical decisions in good faith?”
“Yes.” He swallowed before standing up straighter. “I brought character witnesses, Your Honor. They will testify that Dr. Miller’s decisions will be driven by greed, pure and simple.”
The judge turned to me. “And what do you say, Mr. Baptiste, about these assertions regarding your client?”
“Your Honor, as is stated in the brief I submitted, Dr. Miller is of sound mind. We have submitted letters from her psychiatrist, neurologist, and primary care physician. All of them give her a clean bill of health and declare her perfectly capable of handling any power of attorney. I’d also like to note she takes no medications, nor does she drink or smoke. In fact, she’s fitter than most of us are.”