-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
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