“Is that legal?” I asked Ruth.
“An agent under a power of attorney cannot make a gift to herself unless the document expressly authorizes it,” she said.
“Your father’s document did not.
I know because I have the original of the replacement he signed six weeks before your trial, which revokes hers and names you, and which she has never seen because she never asked me for anything.”
“She doesn’t know it exists?”
“Josiah,” Ruth said, “in forty-one years the single most common feature of these cases is that the person doing it is absolutely certain nobody else is keeping paper.”
“Why didn’t you do anything?”
It was not a kind question and she took it without flinching.
“Because I am not his guardian and I was not his agent — the replacement names you, and you were incarcerated, so it couldn’t operate.
I filed a concern with Adult Protective Services in March.