Mr. Marshall, You're Not a Charity

Psychiatrist Dr. Becker writes a single sentence on hospital letterhead that should change everything: Albert Cooper is incapable of financial decision-making. For a moment, Brooke and Nancy believe they've finally won. But Mark is already at work, convincing Bert that his daughter orchestrated the diagnosis to seize control of his money. Within weeks, Bert refuses to travel anywhere with Brooke, and their relationship is in tatters. Featured expert: Dr. Josh Budlovski explains the four C's of a clinical capacity assessment, why everyone is assumed to have capacity unless evidence shows otherwise, and why there is nothing special about being eighty that makes a bad decision an incapable one.

Beware Mysterious Mark is a Radio Sidney production. This project is funded in part by the Government of Canada's New Horizons for Seniors Program.

Show notes, episode transcripts and resources: mark.radiosidney.ca

Contact: info@radiosidney.ca

Transcript

SPEAKER_01 0:02

Welcome to Beware Mysterious Mark. This 10-part series is a harrowing, true account of elder financial abuse. Some of what you'll hear may be unsettling. That's intentional. Because this can happen to anyone, your parent, your partner, your friend. Our goal is to expose how these schemes work, reveal the warning signs, and help you stop it before it happens to someone you love. So listen closely. Awareness is your first line of defense. In episode six of Beware Mysterious Mark, Brooke hired a new lawyer, and Mark and Donna tried to access Bert's bank accounts. Now here's episode seven titled Mr. Marshall, You're Not a Charity. Again, here is our storyteller, Nancy Miles.

SPEAKER_02 0:51

When Brooke arrived home after a lengthy and baffling conversation with her dad, Bert on March 14th, 2020, she was exhausted, demoralized, and fed up.

SPEAKER_09 1:07

I've had it, Nance. I can't put out all the fires Mark's setting in Dad's head. I've lost Dad's trust. And I just can't see how I can ever get it back when Mark's poison is swirling around Dad's tired old brain 24-7. Ooh, that's bad, huh?

SPEAKER_02 1:26

I'm almost afraid to ask what happened.

SPEAKER_09 1:28

Well, remember when we spoke three weeks ago when Dad definitely wanted me to be his POA? Yeah. Not anymore. Dad believes that I turned him into Dr. Kupar to take away his financial freedom.

SPEAKER_02 1:43

That's just the creeps talking. You didn't, Hunt. Dr. Kupar had her own observations and concerns.

SPEAKER_09 1:50

I know. But Dad told me Donna would never report him to a doctor, even if he's dying. Just think of the conversation Mark and Donna must have had with Dad for her to come up with that.

SPEAKER_02 2:04

Yeah, it's repugnant. So tell me, you're no longer on the fence about her, are you?

SPEAKER_09 2:11

No, but there's more. It's so strange, Nance. We were arguing for ages, and then all of a sudden, Dad says something very bizarre. He seemed to be determined to get his name off Poplar Hill's deed if I remove my name from the joint stock account. He kept saying, after I die, they'll come after you for the house. He repeated this three or four times.

SPEAKER_02 2:37

What? You did what? You told your dad you'd remove your name from the stock account?

SPEAKER_09 2:46

Well, he's gonna take his name off Poplar Hill.

SPEAKER_02 2:49

So what? You own it in joint Tennessee. You'll automatically inherit it when he dies. Your dad's being controlled by Mark, and they're both just jerking you around again.

SPEAKER_09 3:02

I've told you. I expect to receive what Mum gave me. But if Dad wants to give his money to them. Yeah, it hurts. It really hurts. But I'll respect his wishes.

SPEAKER_02 3:16

His wishes? Ha, your mum gave you that house in its entirety. You still haven't received it, have you? More than two years later. Now your dad's kind of blackmailing you, pushing you to pay for your own inheritance. I mean, he's got no right to get half of the value of that house in cash out of you. Neither of you do. Well, it's in joint tenancy. It's last man standing gets the house, right? Right. But maybe he should have had half of the house when Mum died. Maybe so, but then your mum's estate would have included half of the stocks, right? And your dad would have had to sell some to give you the half million.

SPEAKER_09 4:03

It's not about money.

SPEAKER_02 4:05

It damn well is from Mark and Donna Brooke. Come on. It's not like your dad's planning to give his money to the hospital or the Vets Association or even your mum's donkey charity. That would be okay. Maybe even laudable. Instead, he's being bullied, lied to, and influenced by these greedy grifters to act against you to get your family's assets. Your dad's vulnerable. And let's face it, losing the plot big time. They're exploiting both of you just to get what? They don't effin deserve. Man, your mum works so hard. If she knew what was happening.

SPEAKER_09 4:51

I know, she'd be heartbroken. Her small business and real estate acumen made a substantial difference to their net worth and retirement. And yes, she despised Mark. I think she had his number from the very beginning, but this is where I'm at now. Dad believes they care for him, but he doesn't want to live with us.

SPEAKER_02 5:19

Yeah, and that's down to me, right? Because that SOB Mark has coerced your dad against me without a shred of proof. And you're being punished for it in every friggin' way. And now you've agreed to give up your rights to your old man's estate just to get back what your mum legally left you. That's wrong, Brooke. Can't you see that? So effin wrong. Then, on Monday, March 16th, social worker Jason called and asked Brooke to meet with psychiatrist Dr. Becker the next morning by herself. We wondered. Well, St. Patrick's Day 2020 will go down in our history. And not for any leprechaun sighting. Brooke came home all agog after meeting alone with Dr. Becker. She handed me a single sheet of paper and said.

SPEAKER_09 6:21

It was surreal, Nance. The place was nearly empty. This weird COVID virus shut everything down. Our meeting only lasted about 20 minutes. Dr. Becker explained Dad's CT scan. I didn't understand a word, except gray matter and white matter, whatever they are, and that I was to take this letter to Dad's bank. What? Yeah. Dr. Becker read me this letter out loud. He said it was a temporary decision, but he believed it would be permanent based on concerns he saw on Dad's CT scan. Something about areas of his behavior like stubbornness and impulsivity and changing and getting worse. And God to admit, after hearing him read the letter, I kind of zoned out.

SPEAKER_02 7:11

Huh? What? Well, what does it say? Oh give it here. On Dr. Becker's hospital letterhead, March 17th, 2020. Albert Cooper is incapable of financial decision making. Oh wow. Incapable of financial decision making. Wow, that's just amazing, hun. You know, I think you now have control over your dad's money. Frigg, we've got marked by the you know what's.

SPEAKER_09 7:45

Maybe. But I feel like I'm in an alternate universe now. It's dad just said a doctor could do this. And two days later, it happened with the swipe of Dr. Becker's pen.

SPEAKER_02 7:59

It is an incredible coincidence, yeah.

SPEAKER_09 8:03

Do you do you do you think Mark could be involved?

SPEAKER_02 8:07

Mark what? Orchestrated all this? Wow, the mind boggles. No. Honestly, that seems a bit far-fetched, even for that scumbag. Besides, we've got to deal with something much more immediate. Much closer to home. Um who's gonna tell your dad? Moments later, the phone rang. It was the social worker Jason. He said, since they believed Bert and Mark would unjustly scapegoat Brooke, in other words, blame her for Dr. Becker's letter, he and Jennifer would visit Bert in person tomorrow, deliver Dr. Becker's letter, and explain all the implications. Phew. Boy did I want to be a fly on the wall for that. I didn't get to be the fly, but got to buzz right close via a call from Jason to Brooke after his meeting with Bert. Jason said he explained the implications of Dr. Becker's letter to Bert. The upshot? Bert can withdraw money on a regular basis to handle his living expenses, but he must now talk to Brooke first before making any major financial decisions. When Brooke asked how that went, Jason responded.

SPEAKER_03 9:35

Well, Brooke, it went okay. Um, Jennifer and I were surprised when we arrived that Mark was there.

SPEAKER_09 9:42

Oh, jeez.

SPEAKER_03 9:43

We told your dad the information we had to share was sensitive and asked if he wanted Mark to hear, and he said, that's why I invited him.

SPEAKER_09 9:52

So you meant the marvelous Mark?

SPEAKER_03 9:55

We told your father that it's our professional obligation to follow up on any allegations of abuse and neglect. Your dad, maybe because Mark and Donna have influenced his thinking, maybe not, has come to the conclusion that you're the one telling the banks, the police, the health authority, and everyone about what's going on. I told him it wasn't true. And that there have been multiple concerned community members who've come forward to us. I said my referral for you didn't come from Brooke. It came from public apart. It's unfair to blame Brooke for the scrutiny you've been going through over the last year. Using the precautionary generally very high-functioning person. Struggling the public. However, there are some red flags that cause some concern. And concerns around his higher-level executive function. I told your father, a person can be high-functioning in some areas but struggle in others. We have to do our due diligence to ensure that if anyone is trying to influence you or that you're making financial decisions under duress, that we thoroughly assessed that you're capable of making those decisions. So I said the assessment will continue, and there are a few pieces outstanding, but I don't know when they'll be because of this terrible global pandemic.

SPEAKER_09 11:24

Oh, how did he react?

SPEAKER_03 11:26

He took it pretty well. But Mark may have an influence over how your father sees our meeting today, or how he remembers it.

SPEAKER_09 11:33

Well, I think you did very well today, Jason. Sounds like the presentation you made was worded well. Thank you.

SPEAKER_03 11:40

Yeah. Yeah, you're in a tough position, Brooke. On the one hand, you're a daughter to him. On the other, you now have control over her.

SPEAKER_09 11:48

I know. It's awkward, Jason. But it wasn't always like this, you know. Two or three times Dad mentioned to me, it isn't you, it's Nancy. I don't trust Nancy. So Mark successfully put a distance between them, and now it swerved over to me. But it certainly wasn't there when Mum was alive. The only thing I can see that's different is Mark.

SPEAKER_03 12:11

Hmm. Well, that's interesting. Cause along those lines, I had to tell Mark, if you're saying things that are causing Bert to be more suspicious or untrusting of his daughter, that actually makes you look suspicious to people like me or other responders to these neglect allegations. If you're driving a wedge mark, turning an older person against their family, that's trademark behavior of abusers. Tried and true strategy. I told him that this wasn't the first time I've seen this conduct, and from the perspective of the health authority, he's under scrutiny. Like, just so you know, Mark, people are watching.

SPEAKER_09 12:50

Good for you.

SPEAKER_03 12:51

Your dad's been through a lot this year. With visits with a number of us, the police have been to the home. The bank's second blessing him. I see his anger as a great reaction to losing his autonomy. He feels people aren't trusting his judgment, are overreaching and treating him like an infant. An infant who can't decide what he wants to do about anything. I told him he doesn't have to apologize for being angry. It's normal and okay. I think overall, Brooke, your father sees that you care about him. Overall, he may start to be more suspicious because of things said to him or resentful that you're his power of attorney. But when I asked if he believed you loved him and are acting in his best interests, he said yes. I believe he doesn't think you have any ulterior motives.

SPEAKER_09 13:42

Well, I'm relieved to hear that. Thank you.

SPEAKER_02 13:46

So, now you can see the battle line was clearly drawn, with Bert, Mark, and Donna on one side, and Brooke, me, along with members of the Health Authority, the police, the bank, and her dad's friends and neighbors on the other. I know this wasn't what Brooke wanted or planned, and I believe Bert would have felt the same. It was so obvious that all Bert's animosity towards Brooke was down to Mark Marshall. Unfortunately, though, we were imprisoned in our points of view. From now on, whenever Brook attempted to cross the battle line to try to support her dad, she stepped into one of the sociopaths' incessant minefields. Okay, there were an astonishing flurry of tit-for-tat moves between Mark and others during the next April, May, and June. You may find my speedy litany alarming, confusing, and over the top. But hey, welcome to Planet Mark. To save time and sanity for all, it's best that I just blast by you the choice bits of dialogue and make it easier for you to catch on by providing the date and introducing the speakers. March 24th, RCMP Constable Fredericks phoned Mark Marshall and said, Mr.

SPEAKER_04 15:10

Marshall, the RCMP is aware of what you're attempting to do. If we see the slightest bit of criminality, we'll take action immediately.

SPEAKER_02 15:19

Mark Marshall responded.

SPEAKER_04 15:25

Mr. Marshall, you're not a charity. We're going to appeal Dr. Becker's decision.

SPEAKER_02 15:30

March 25th, social worker Jason touched base with Brooke by phone.

SPEAKER_03 15:35

I'm following up on your father's tests. In a nutshell, he was more confused, unable to answer some questions, and had difficulty finishing his thoughts. This is all consistent with a frontal lobe issue. Dr. Becker's gonna call him about his letter of financial incapability. He'll inform your father that he cannot change his will or POA at this time.

SPEAKER_02 15:59

March 30th, Jason called again, this time with some advice.

SPEAKER_03 16:03

You'd better give your father some space, Brooke. He's really angry and scapegoating you. Brace yourself and realize this is a marathon. You can't shift the dynamic between your father and Mark and Donna. You can only do so much to protect them.

SPEAKER_02 16:19

On April 16th, Bert ambushed Brooke during a visit to Poplar Hill.

SPEAKER_08 16:26

Don't try making friends with me, Brooke. I don't like the way that you're getting lawyers. We've been talking to lawyers about real estate, and they say you've been inquiring and they can't deal with us.

SPEAKER_09 16:39

I have one lawyer, Dad. Simon Hillsborough. Is that who you were talking to?

SPEAKER_02 16:47

April 21st, our lawyer Simon shared some dumbfounding information.

SPEAKER_07 16:53

I spoke with another local lawyer. He said Bert had visited his office twice, once with Mark, and that Mark had previously called a couple of times asking how to change a POA. He then said it was obvious things weren't on the up and up. And when he finally met Mark, he said he wouldn't touch your father's business with a ten-foot pole.

SPEAKER_02 17:15

On April 27th, Bert surprisingly about faced during Brooke's quick follow-up phone call.

SPEAKER_08 17:23

Um, I'm very sorry, Brooke. It had nothing to do with you, dear. I just didn't know what to think.

SPEAKER_02 17:31

On May 4th, Poplar Hill neighbor Anne phoned Brooke.

SPEAKER_05 17:34

I met your father on the road this morning, Brooke. He was very depressed. No visits. Said Mark and Donna only come 15 minutes a day, complained that the house and garden were too much for him.

SPEAKER_02 17:49

During Brooke's May 5th visit with her dad, a calm and relaxed Bert.

SPEAKER_08 17:54

I'm happy and content, Brooke.

SPEAKER_02 17:57

The very next day, when Brooke dropped by the family home, Bert was enraged. Why? Well, we only found out a month later. But you can guess, can't you?

SPEAKER_08 18:08

I don't want your help, Brooke. You've got the doctor in your pocket. You're bipolar, you speak garbage, and you go home and make stuff up. I know Mark's pushy, always wanting control, but he's clever, and I like him. He and Donna love Poplar Hill and want to live here.

SPEAKER_02 18:29

May 8th, Brooke visits her dad again and makes a sensible suggestion.

SPEAKER_09 18:34

Why don't you pay Mark and Donna to take care of you, at least during the pandemic?

SPEAKER_08 18:41

No, I I don't want to. They're getting money from the COVID.

SPEAKER_02 18:48

About the same time, Simon offered a perfect metaphor for Bert's situation.

SPEAKER_07 18:53

Brooke, let's face it. Your father can make a turkey sandwich, but he can't make an entire turkey dinner.

SPEAKER_02 19:01

On May 11th, during a visit, Bert shocks Vicky with a couple of eye-openers.

SPEAKER_08 19:08

Mark's suing the bank for lying about him, and we're seeing a lawyer because neither Mark nor I think Mum's will is legal.

SPEAKER_02 19:16

On May 21st, Dr. Koupar gives Brooke some sound advice.

SPEAKER_06 19:22

I don't think you should visit your dad for a while, Brooke. Just manage his money and let his caregivers handle him. The stress is too great for you and your dad.

SPEAKER_02 19:33

On June 6th, my sharp eyes noticed something dismaying. Your dad's car has a new license plate. Damn, Brooke! I bet you he's given it to one of the creeps. On June 10th, neighbor Anne made another call to Brooke.

SPEAKER_05 19:52

I don't know how to tell you this, Brooke, but you should know. When your father came over for a visit yesterday, he stayed hours and he talked a lot, banging on and on about how wonderful Mark was.

SPEAKER_09 20:07

Oh, I'm sorry, Anne.

SPEAKER_05 20:09

Not your fault. But Villa and I thought that you should know some of the things he said.

SPEAKER_09 20:14

Okay.

SPEAKER_05 20:16

First, your father's given his car to Don. Then he said that you were out to get him. But he's going to get you first. I'm so sorry.

SPEAKER_09 20:29

Oh boy. I just don't recognize him anymore.

SPEAKER_05 20:32

We don't either. He complained about a circle of people holding him back, doing what he wants with his money. And then he told us how upset he was that he was limited to only five hundred dollars a day from the bank. $15,000 a month.

SPEAKER_09 20:54

You see, the bank told me, as his POA, to choose an amount. They suggested $250 to $300 a day, but I didn't want Dad to feel restricted.

SPEAKER_05 21:05

Well, your father said he was fine with it when you came over to talk about it. But then Mark came later and told him it wasn't a very nice thing for you to do. Your dad said he then stewed about it all night, getting cross.

SPEAKER_09 21:23

So that's why he went all Jekyll and hide on me in early May. Well, trust Mark to stir him up about me.

SPEAKER_02 21:32

During one of our many conversations around this time, Simon expressed all our views when we learned that Mark was continuing to embrace a key strategy, often found in classic financial elder abuse.

SPEAKER_07 21:53

This really stinks.

SPEAKER_02 22:00

Visited Bert to tell him that Dr. Becker planned another meeting. Afterwards, my sister told me she feared Bert would have struck Brooke if he hadn't been so wobbly. This because Bert went berserk, arms thrown up, blaming Brooke for all his troubles.

SPEAKER_08 22:21

All sixteen of you. You're making this stuff up, Brooke. And and and the three of us have to live in this negativity all the time. We just say things. You take it too seriously, and you make stuff up. Okay, Dad. And you've got the bank in your pocket, and Mark and I don't believe Mum's will is legal.

SPEAKER_09 22:42

My God, Dad. That's just ridiculous. I'm just here to let you know about the meeting with Dr. Becker.

SPEAKER_08 22:50

Dr. Becker's nothing more than a nutcase.

SPEAKER_01 22:55

Our dramatization continues in the next episode. But now we explore today's theme. What capacity actually means in medical and legal terms, the four C's a clinician looks for in an assessment, and the difference between a bad decision and an incapable one. Dr. Josh Bodlovsky is a geriatrician practicing in Victoria.

SPEAKER_00 23:20

When we assess somebody for their cognition, capacity is not usually the first thing that we look at, although it is certainly an important thing, and as cognitive impairment advances, often an issue that comes up. But I'll just preface this by saying that that's not usually our initial focus per se. The first thing to say about capacity is that everybody in the law is assumed to have capacity unless there is reason or evidence to the contrary. So nobody's ever done, as far as I know, a capacity assessment on me or perhaps on you. And so there is an assumed capacity in in all individuals. Capacity is assumed. It is only if issues come up that bring that into question that a capacity assessment is usually necessary. When we're doing a capacity assessment, it is very helpful to first identify: does this individual have a known diagnosis or issue that would put that into question in the first place? So if somebody does not have any history of cognitive impairment, it's a somewhat different lens that one would look at as opposed to somebody that has a known history of cognitive impairment and we're seeing these progressive changes. That doesn't mean that the actual capacity assessment is different, but certainly the context in which it occurs is very important in the medical context. When we're actually assessing capacity, there's different formulas or ways that people look at it. The way that I often look at it, there's there's they call the four C's approach. And the the four C's are so the first is the ability to communicate what choices they have or what the issues are. So, and can they communicate that consistently? If somebody makes a decision and then they make a very different decision, what we're looking for in capacity assessments is somebody relatively consistent in their thought-making process. Do they understand, as I mentioned before, the choices that they have? So what are the issues being identified, and do they understand the consequences of their decisions? The last thing, so that's sort of the broad picture of a capacity assessment. The last thing is that capacity is specific to a task. So there is financial capacity, there is capacity to live independently, for example, there's driving capacity. So capacity is task-specific. Sometimes we do get involved in global capacities, you know, a capacity of personhood is this person able to make legal decisions for themselves, which would include things like where they live and who they associate with, and you know, medical treatments and finances. But generally speaking, when we're asked about capacity, it is capacity for specific item issue or task. Capacity is a legal definition, and that's what we're talking about. When we're doing a capacity assessment, this is uh a medical-legal sort of assessment or term, and this you know has legal ramifications and it can go to a judge, and the judge decides whether or not you know the person is competent uh to do this. So the the capacity is sort of the medical side of this. Um, and then the competency is is what the judge would would sort of yay or nay, versus um capability is is somebody able to actually do a task. You know, somebody might be able to, um, you know, they're capable of doing a specific task, but their capacity in terms of actually, you know, dad can write a check, okay? So that that is one piece, but a formal financial capacity assessment is a much broader sort of term. Can they independently manage their finances? It is important to identify, you know, A, what are the normal changes that occur with aging? What are the abnormal changes that uh might be occurring? And to also recognize to not being ageist. Um people make assumptions about as people age, you know, what is what is a right thing and what is a wrong thing, and yet they might not make those similar assumptions in a younger individual. You know, people are allowed to make bad decisions. And God knows, you know, 20-year-olds make lots of poor decisions, as do 40-year-olds and 50-year-olds, and there's nothing special when you're 80 about making good or bad decisions. And so it is a fine balance, you know, to weigh the sort of the consequences, but also to say, listen, you know, people are allowed to make bad decisions.

SPEAKER_01 29:08

Today's episode featured the voices of Susan Anderson as Nancy, Susan Wilkie as Brooke, Rick Caulfield as Jason, Richard Mekkowitz as RCMP Constable Fredericks, Jason Stevens as Mark, Andy Dawson Reed as Bert, Joe Suppless Simon, and Suniti Rins as Dr. Koupar. This is a production of Radio Sydney, with support from the Government of Canada's New Horizons program for seniors. The series was produced by Bill Collins, written by Nancy Miles and Brooke Cooper. Dramatization was directed by Matt Watson with sound engineering by Bill Collins. I'm Barry Bowman. Please join us again.