Dispute over mother's care divided family

A frosty relationship between siblings escalated this summer, according to Clark County Superior Court filings that reveal a battle between brother and sister over the care of their aging mother.

Patricia J. Lewis, who lives in The Dalles, Ore., filed a petition on July 7 asking for the appointment of a guardian ad litem to oversee the care of her mother, Evelyn Wastler. In it, she raised concern about the care being provided by her brother, Donald Wastler.

“Past relations have been strained between Petitioner and her brother and are now more so ... due to the current concerns regarding proper care and/or financial issues — all to the detriment of Ms. Wastler,” according to the petition. “Numerous financial questions have arisen to Petitioner, and while she has not had the benefit of any formal accounting, she knows that Donald Wastler is living rent free and actually using cash belonging to Ms. Wastler to take care of not only Ms. Wastler but himself.”

Superior Court Judge Edwin Poyfair agreed to appoint Thomas B. Deutsch of Longview as guardian ad litem to oversee the care of Evelyn Wastler.

On Aug. 6, Don Wastler filed a response.

Wastler, who was granted power of attorney for his mother in December of 2006, noted that he had been living at the family residence since his father died in July of 2002.

“She provides me with food and necessaries and I take care of her and take care of her property,” he wrote.

On Oct. 7, following a mediation conference in Vancouver with retired Superior Court Judge James Ladley, the siblings signed a settlement agreement. In it, Donald Wastler was appointed guardian of his mother, with a limited co-guardian who was to check on the home and report to the court any issues about care or cleanliness in the house.

The agreement stipulated that a professional care agency was to be appointed, that family members should be allowed to visit, and that a guardian of the estate should be appointed. (Lewis, in her original filing, documented the value of her mother’s property and financial assets at $377,000.)

The agreement also tried to smooth family strife.

“Neither Don Wastler or Patricia Lewis shall speak poorly of the other in the presence of Ms. Wastler,” according to the agreement. “Family members are also prohibited from making negative comments about the other family members in the presence of Ms. Wastler.”