COURT VISITOR REPORT
I. Capacity
Respondent Robert "Bob" Kirk is an intelligent and articulate, retired government worker with a history of progressive cognitive decline associated with dementia. He also has a heart condition that requires medication and monitoring. 

Respondent lives alone with several cats, a small dog, and Dawn Simpson, who describes herself as respondent’s friend and care giver. Eight weeks ago, respondent’s neighbor knocked on the door of respondent’s house after not seeing any activity or Ms. Simpson’s car for several days. When no one answered, he walked around the house and through a window saw respondent seated on the floor of a bathroom, leaning against the bathtub. The neighbor called 911 and respondent was hospitalized and treated for dehydration. His legs were swollen due to water retention. Respondent could not remember how long he had been on the floor, but when he was found, his clothes were soaked with urine and feces. Hospital staff alerted Adult Protective Services who interviewed Dawn Simpson. Ms. Simpson reported that she had been visiting her son for two days because she needed a break from providing care to respondent.

Respondent was interviewed in a reclining chair in his living room. He had a blanket pulled up to his chest and his exposed ankles and feet were swollen. Respondent indicated that he was healthy and did not require medications. When I asked him about the medication bottles on his table he looked at them and said. “Those are nothing. Vitamins. Just my heart. She helps me with them, ” and he gestured toward the kitchen, where Ms. Simpson sat. When I asked him about his recent hospitalization he could not remember being in the hospital. When I asked him about how he goes about preparing meals and getting dressed and getting to bed, he gestured toward the kitchen.

Despite explaining to Ms. Simpson that I needed to speak privately with respondent, she would wander into our conversation and insert herself. She did so with particular force when she heard me ask respondent if he objected to his son’s petition for guardianship. 

II. Proposed Guardian
Both the proposed guardian, Josh Kirk, and respondent, indicated that their relationship had a history of tension dating back to Josh Kirk’s teenage years. However, both the proposed guardian and respondent seemed to look back at those days regretfully, because of a new relationship built in part upon Josh Kirk’s spouse and children and respondent’s affinity for them. The proposed guardian professed knowledge of respondent’s dementia and medical conditions, and indicated that he was committed to monitoring those conditions despite the fact that he did not live near respondent. He indicated that his sister, Holly, would assist him. The proposed guardian is qualified and suitable to serve.

Although an objection to the petition to appoint a guardian bearing respondent’s signature was filed with the court, respondent did not confirm this objection when interviewed. 

III. Conclusion
Respondent’s dementia has impaired is ability to keep himself safe. The appointment of a guardian is necessary.

I finished reading the report aloud, and I put it in folder that I held on my lap. I looked at Bob, who had his eyes closed and was pushed back in his recliner, and then I looked at Dawn, who had pulled up a chair on the other side of Bob. 

She was here for what, thirty minutes, Dawn said. She sounds like she’s in Josh’s pocket.

This Court Visitor has been doing this work for decades, I said. Nine times out of ten, the court is going to do what she recommends. We can take this to court and fight it but we’re going to lose that fight and it’s going to cost thousands of dollars.

Oh, we’re going to fight it, she said. Josh hasn’t even seen his dad in months.

Bob, I said. He opened his eyes and looked at me. Bob do you want to go to court and fight Josh? He kept looking at me.

You know where he wants to put you, Bob, she said. You know where you’ll end up.

What to you want to do, Bob? I asked. 

Oh, I don’t know, he said.

One of the things that’s likely to come out if we take this to court, I said, looking at Dawn now, and reaching into the folder, is how the death beneficiary on Bob’s IRA changed in the last couple of weeks. I took a piece of paper from the folder. This is a change of death beneficiary designation form. It names Dawn as death beneficiary for Bob’s IRA. The kids were death beneficiaries before this form was submitted. See this signature at the bottom, it says Bob Kirk, but it doesn’t look like his signature. I flipped through pages in the file and pulled another piece of paper out. This is one of the documents that you signed with Irene, years ago, Bob. Your signature looks totally different in these two documents. I showed the signatures to Dawn.

Do you remember signing this Bob, I asked, looking at Dawn. He didn’t say anything. 

Where did you get that? Dawn asked.

Adult Protective Services investigator.

Are you even his lawyer?

Did you sign his name to this, Dawn?

Aren’t you supposed to be representing him?

Did you sign his name to the objection that was filed, Dawn?

Do you think the Oregon State Bar will be interested to learn about you helping to put your own  client in a nursing home?

Let’s find out, I said.

She looked at me and then she looked at Bob as she stood up. You get what you deserve, Bob, she said as she walked away.