The Competency Hearing
Chapter 11 - The Competency Hearing
The hearing took place inside the hospital.
A judge participated by video.
Two physicians testified.
Thomas was weak.
But mentally competent.
Richard's attorney argued that medication affected his judgment.
Then Thomas asked to speak.
Everyone became quiet.
“I have made mistakes,” he said.
“Many.”
He looked at Richard.
“My greatest was confusing rescue with love.”
Richard's eyes filled.
Thomas continued.
“I paid my son's debts.”
“I lied to my daughter.”
“I hid problems because I wanted my family to look whole.”
He paused to breathe.
“Now my son says I lack judgment because I have stopped protecting him from consequences.”
Richard looked down.
The judge asked Thomas why he married Eleanor.
Thomas smiled.
“Because I love her.”
“Why did you transfer the Vermont property?”
“Because I bought it with my own money and wanted her to have it.”
“Why did you change your estate documents?”
Thomas looked at Diane.
“Because my daughter is honest.”
Then at Eleanor.
“And because my wife knows how to leave when something is wrong.”
Eleanor felt tears rise.
Thomas looked back toward the camera.
“I wish I had learned that sooner.”
The medical experts agreed.
Thomas had capacity.
The petition was denied.
Richard sat frozen.
He had lost.
But Thomas did not look victorious.
He looked tired.
After the hearing, he asked Richard to stay.
Everyone else left the room.
No one knew what father and son said to each other.
But when Richard emerged twenty minutes later, he was crying.
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And for the first time since Eleanor met him, he did not look angry.
He looked ashamed.
