The Birdsong Tape

“…go check that it is still the same one you signed,” the young lawyer had said on the phone, and I went to the old oak desk in the den and pulled out the folder. It was my will, all right, in my own handwriting beneath the typed paragraphs, dated 2009. It had not been touched. I checked it three times, page by page, with my reading glasses and a ruler, the way I used to check lab reports. Then I called June son back and told him that the will was safe. There was a long pause. “Mrs. Lindqvist,” he said, “that does not mean you are.”

His name was Mr. Aaron Pelkey, and he drove up from St. Cloud the next morning in a dented Subaru, with a briefcase and a bag of doughnuts. He sat at my kitchen table and told me that, on the Friday before, a petition for guardianship had been filed in Crow Wing County Court in my name. Scott had signed it. A letter from Dr. Halvorsen was attached, describing progressive cognitive decline and unsafe living conditions. A hearing had been set for the second week of December. I was to be served by a deputy. Scott had expected to be at the hearing, kind and sorrowful, to take my hand.

I was not afraid. I want to say that plainly. I was angry, a hot clean anger I had not felt since the school board cut the science budget in 1994. I asked Mr. Pelkey what I needed to do. He wrote on a legal pad: one, an independent medical evaluation, from someone with no tie to Scott. Two, the recording, preserved and certified. Three, a list of every person who had seen me function normally over the past year. “Mrs. Lindqvist,” he said, “you are going to win this. But I would like you to win it by a mile.”

Seven minutes of birdsong, a clock drawn in a clinic in Duluth, and a will that no one had touched.

The independent evaluation took place at a clinic in Duluth, with a geriatrician named Dr. Rao, a tiny woman with spectacles on a chain. She spent four hours with me. I drew a clock, I recited seven words backward, and I told her the names of every president since Eisenhower, in order, with a few small opinions. At the end she sat back and said that in thirty years of practice she had rarely tested anyone so sharp. “Honestly,” she said, “I am a little jealous.” She wrote the report that afternoon. I put it in my purse like a love letter.

June gathered the character witnesses. Eleven people signed statements: my neighbor who watched me shovel the walk at dawn, the postmaster, the pastor, the girl at the hardware store, and two former students who were now doctors in the Cities. A man from the lake association wrote that I had chaired the annual meeting, fought a zoning change and won. By the end, Mr. Pelkey folder was three inches thick. Meanwhile I did the one thing that Scott would never have expected. I answered my phone every evening, cheerful, and told him I was looking forward to Thursday.

Thursday, of course, I did not go. I stayed in my kitchen with a pot of tea and watched the lake freeze at the edges. Scott called four times. On the fifth, I let it go to voicemail, and listened to him, his voice careful and syrupy. He said they would reschedule. He said the specialist was very flexible. Brenda would drive up on Saturday to help me with my things. I listened to the whole message. Then I saved it. Mr. Pelkey had asked me to save everything, and I had begun to enjoy the work.

The hearing was on the twelfth of December, in a small paneled courtroom in Brainerd, with Christmas lights in the windows. Scott arrived in a camel coat with Brenda, and a lawyer from the Cities. When he saw me walk in, upright, on my own two feet, with Mr. Pelkey and June beside me, the color left his face. He looked at me the way a boy looks when a teacher has caught him copying. The judge, a woman named Judge Lindahl, opened the file. She read Dr. Halvorsen letter, then Dr. Rao report, then raised one eyebrow and looked down at Scott.

Mr. Pelkey asked permission to play one exhibit. The judge nodded. A small speaker clicked on, and into that quiet courtroom came the sound of a chickadee, a nuthatch, the wind in the cedars, my own breathing as I pulled a carrot. And then, clear as a bell, my son voice, speaking about my house, my winter, my doctor, and the word guardianship. He listened to it with his eyes closed. Brenda was weeping into a tissue. Judge Lindahl let the recording play to the end. Then she dismissed the petition and referred the matter to the county attorney.

In the end there were no jail sentences, which is what I asked for. Dr. Halvorsen lost his clinic and paid a fine. Scott signed a statement and agreed to supervised counseling. Brenda cooperated fully and returned the money she had taken from my accounts. I changed my will in January, with Mr. Pelkey. The cedar house on the lake would pass to the county nature center, with a modest fund for a young teacher to live there and run summer science camps. My son would receive a trust, to be earned. It seemed to me a fair thing.

Scott came up at Easter. He knocked on the front door, which he had never done before, and he stood on the porch with his hat in his hands. He did not bring groceries. “Mom,” he said, “I am so ashamed.” I made him a cup of tea. We sat in the kitchen with the window open a crack, the ice breaking up on the lake, a robin singing in the cedar. He listened to it a long while. Then I took my phone from my sweater, and I pressed record. “For the birds,” I said. “And for you.”

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