Estate of Lillie Rosen, Deceased, Ilene Field and Herbert Silver, Co-Personal Representatives - Page 9

                                         -9-                                          
          estate or financial matters, or (b) certification in writing to             
          my agent by a physician familiar with my physical and mental                
          condition that I am unable to transact ordinary business”.                  
          Feldman prepared these April 26, 1994, powers of attorney because           
          he had concluded that the earlier power of attorney for property            
          decisions did not allow decedent’s daughter to give away any of             
          decedent’s property.  The April 26, 1994, power of attorney for             
          property decisions stated specifically in the section referenced            
          above that allowed additions to the enumerated powers that                  
          decedent’s daughter, as decedent’s attorney-in-fact with respect            
          to decedent’s property, could make gifts of decedent’s property.            
          When Feldman prepared the powers of attorney in 1993 and 1994, he           
          did not ascertain whether decedent was competent to effect those            
          documents.                                                                  
          6.  Decedent’s Medical History                                              
               On or about July 21, 1994, decedent’s daughter brought                 
          decedent to a neurologist in Illinois, reporting that decedent              
          had been experiencing medical impairment for approximately 4                
          years.  The specialist examined decedent and diagnosed her as               
          suffering from a clear case of dementia, with impairments in                
          language, memory, concentration, reasoning, insight, and                    
          judgment.  The specialist advised decedent’s regular doctor that            
          decedent required close supervision 24 hours a day.  In February            
          1994, decedent had retained a caretaker to assist her 24 hours a            






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011