Chapter 3 - The Power of Attorney

The signature looked good.
That bothered me.
Not perfect.
But good enough that someone unfamiliar with my handwriting might accept it.
CLAIRE A. BENNETT.
Beneath it:
I voluntarily decline all authority as primary agent for Margaret L. Bennett.
Date:
Three years earlier.
I was in Denver that week attending a multistate conference.
Rebecca had conference records proving it.
“Where did this come from?”
“Daniel emailed it to me.”
“Did you verify with me?”
Rebecca looked uncomfortable.
“No.”
She owned that.
“I should have.”
Then:
“Your mother called me afterward and said you had decided government ethics rules made the role difficult.”
Mom stared.
“I never said that.”
Rebecca went still.
“You called me.”
“No.”
“Margaret, I heard your voice.”
Mom’s face changed.
Then whispered:
“Vanessa.”
Vanessa could imitate her?
Not exactly.
But Mom said Vanessa sometimes answered Mom’s phone while Mom sat beside her and fed her sentences.
“Say Claire can’t do it.”
“Say Daniel will handle things.”
Mom complied because at that point she still trusted them.
Not abuse yet.
Control had begun before violence.
Rebecca opened the original power of attorney.
It contained restrictions.
Daniel could pay bills.
Manage investments.
Hire caregivers.
Handle routine banking.
But there was a specific clause:
No agent may make gifts to himself, transfer real property to himself or an entity he controls, alter beneficiary designations, or modify Margaret’s estate plan without independent written approval from Margaret and separate counsel.
I looked at Rebecca.
“So he could not transfer the house to Bennett Legacy Holdings.”
“Not lawfully under this document.”
“Who owns Bennett Legacy Holdings?”
“We’re finding out.”
State registry search took minutes.
Members:
Daniel Bennett, sixty percent.
Vanessa Bennett, forty percent.
There.
A direct prohibited self dealing transfer.
Then the deed.
It stated Margaret personally appeared before notary Caroline Webb and voluntarily authorized transfer for:
Estate consolidation and caregiver reimbursement.
Consideration:
Ten dollars and prior services.
Rebecca whispered:
“Your mother would never write that.”
“Who is Caroline Webb?”
A mobile notary.
Still licensed.
Police would interview.
Then the problem.
Margaret’s signature on the deed looked much stronger than the shaky signatures from tonight.
Maybe forged.
Maybe copied.
Then Rebecca compared with a legitimate signature from five years earlier.
Very close.
Possibly scanned.
Forensic document examination needed.
Then the papers Vanessa brought into the bathroom.
They were titled:
RATIFICATION OF PRIOR TRUST TRANSFERS.
ACKNOWLEDGMENT OF CAREGIVER COMPENSATION.
WAIVER OF CONFLICT.
CONFIRMATION OF VOLUNTARY GIFTS.
Exactly what we suspected.
Someone had realized the earlier transfer was vulnerable.
They needed Margaret to say:
Yes, I wanted it.
Yes, Daniel could benefit.
Yes, I waive the restrictions.
Yes, I was competent.
Then another page.
Affidavit of capacity.
“I am not confused, coerced, threatened, medicated beyond prescribed levels, or dependent upon Daniel Bennett or Vanessa Bennett for access to communication.”
I almost laughed.
Every sentence described what was happening.
Then a signature line for an independent witness.
Blank.
Who was supposed to witness?
Mom knew.
“A man was coming tomorrow.”
“What man?”
“Mr. Kessler.”
Rebecca stiffened.
“Martin Kessler?”
“Yes.”
An estate planning attorney.
Rebecca knew him professionally.
Reputable.
Not obviously corrupt.
She called him with Mom’s permission.
Kessler sounded shocked.
“I was told Mrs. Bennett wanted to ratify transfers because a title company raised technical objections.”
“Who retained you?”
“Daniel initially contacted my office, but I required Mrs. Bennett as client.”
“Have you spoken privately with her?”
Pause.
“No.”
“Then she isn’t your client.”
Another pause.
“You’re right.”
Kessler immediately canceled.
Then offered documents to police voluntarily through counsel.
Important.
He had not witnessed abuse.
He had been fed a story.
Daniel told him:
Mom made gifts willingly.
Claire was hostile and absent.
Rebecca was “too controlling.”
He sent drafts to the house.
Vanessa printed them.
Tonight’s beating was apparently meant to ensure signatures before Kessler arrived, so Margaret could present completed paperwork and say she signed voluntarily.
That was the cover.
Then the lake cabin.
One of the ratification documents referenced:
Prior sale of Lake Wylie property.
Mom looked at me.
“They sold it.”
“When?”
“Spring.”
“How much?”
“I don’t know.”
“What did they tell you?”
“That taxes were too high.”
“Did you agree?”
“No.”
Daniel used POA.
Sale price:
$940,000.
Appraised value six months earlier:
$1.48 million.
Buyer:
Silver Pine Residential LLC.
Who owned Silver Pine?
Rebecca searched.
Managing member:
Aaron Cole.
Vanessa’s brother.
The cabin had been sold inside the family at a steep discount.
Then transferred again four months later.
New buyer:
An unrelated couple.
Price:
$1.43 million.
Silver Pine made nearly half a million dollars.
My mother received none of that profit.
May you like
The lake cabin had not merely been sold.
It had been flipped through Vanessa’s family.