Chapter 5 - THE EVALUATION
Richard did something Amber did not know.
He scheduled an independent cognitive evaluation.
Not because he doubted himself.
Because everyone else’s doubt was becoming operational.
A geriatric specialist reviewed:
hospital records,
medications,
delirium episode,
memory,
executive function,
attention,
judgment,
language,
and daily functioning.
Richard performed within expected range for age.
No evidence supporting major neurocognitive disorder.
No finding that he lacked decision-making capacity.
Recommendations were boring.
Sleep.
Hydration.
Medication review.
Hearing aids during meetings.
Avoid scheduling major decisions late in the day when fatigued.
Richard accepted all of them.
He told Caleb he had completed follow-up testing.
Caleb said:
“Good.”
Then never asked for the report.
That omission would matter more than Caleb imagined.
The independent evaluator also asked Richard about his finances.
“What would happen if you sold your shares tomorrow?”
Richard answered correctly.
“What if the company lost the licensing deal?”
He explained downside scenarios.
“What if Caleb disagrees with you?”
Richard laughed.
“He usually does.”
The doctor did not ask whether Richard was pleasant.
Capacity does not require agreeableness.
That distinction amused Richard more than it should have.
The evaluation report included one line Amber later hated:
Mr. Vale demonstrates intact appreciation of competing business interests, including the possibility that his own preferences may conflict with corporate succession needs.
He had not merely passed a memory test.
He understood the conflict.
Understood that Caleb might reasonably want more authority.
Understood that Northline might prefer a cleaner brand story.
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And still said no to parts of the deal.
A decision is not evidence of incapacity merely because other people dislike its cost.
