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Beware bank "trust" officers or brokers who claim to be a fiduciary; the term appears to be broadly used by those not deserving of it. Our uncle hired a trust company as rep payee and trustee for his parents to avoid conflict with his (and Mom's) deadbeat brother. The trust officer didn't do her duties, first claiming it was because of the pandemic, then claiming it was the family's fault for not getting bills to her to pay, even though she and her bank had put all the bills in the bank's name and changed all addresses to the bank's. So, the family fired the bank trust co., and was about to go on their way when the bank's trust dept. -worried they'd get in trouble for wrongdoing- sued our grandparents and kept them in court for a year. The stress took such a tremendous toll on them that both of them became unable to walk or even stand up and he died of heart failure. She quit eating and dropped down to 80 lbs., so we're sure it's going to kill her too. The sad thing is that they've contacted dozens of attorneys but all of them have a relationship with that bank.
So how does one become a fiduciary? I am already the POA for finances and health care and doing everything a fiduciary does, only without compensation and I have no desire to have any compensation. Serving my friend is enough reward.
I have filed for my Mom's A&A and have been told that according to the way a particular question was answered that a fiduciary will have to appointed. I am current her POA and take care of all of her finances. Still Serving Veterans helped get the file claimed and mentioned the fiduciary. I'm just curious what happens to get that done? Does the VA contact me or do I need to do something on my end??
You are wise to put a team in place now that you trust and that will be there to assist when and if you should need it. I recommend looking for a Daily Money Manager in your area. I service the New York tri-state area. Several DMM's are insured to serve as a fiduciary should the need arise. Amy Jo
Having a team of professionals, since I have no family I can rely upon when the day comes that I can no longer take care of myself, sounds like very good advice. I want to find that team now, but the fiduciaries I have interviewed will possibly be too old by the time I need them. I am 74 now and in very good health. They are also quite expensive. What should I do?
As a Daily Money Manager and someonone who acts as a fiduciary to those in need, I heartily agree that checks and balances should be in place. It is always most successful for the client when no one is acting on their own and a team of professionals (and family, if able) are in place to support the elder and prevent abuse. Amy Jo Neill Daily Money Manager and Private Fiduciary Member of AADMM since 2011
In my experience, Private Fiduciaries, and daily money managers, are running a private business to make money, therefore, the temptation to take advantage of those who cannot fight back is large. A private fiduciary and or private daily money manager for the elderly is something I strongly advise against, in my opinion, and experience. Elderly people are the "Geese with the Golden Eggs" for private fiduciaries. Just ask my sister who has lost everything, including her pride, due to a greedy and hostile private fiduciary.
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By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
8 Comments
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What Is a Professional Fiduciary?
The trust officer didn't do her duties, first claiming it was because of the pandemic, then claiming it was the family's fault for not getting bills to her to pay, even though she and her bank had put all the bills in the bank's name and changed all addresses to the bank's. So, the family fired the bank trust co., and was about to go on their way when the bank's trust dept. -worried they'd get in trouble for wrongdoing- sued our grandparents and kept them in court for a year. The stress took such a tremendous toll on them that both of them became unable to walk or even stand up and he died of heart failure. She quit eating and dropped down to 80 lbs., so we're sure it's going to kill her too. The sad thing is that they've contacted dozens of attorneys but all of them have a relationship with that bank.
Amy Jo
I want to find that team now, but the fiduciaries I have interviewed will possibly be too old by the time I need them. I am 74 now and in very good health. They are also quite expensive. What should I do?
Amy Jo Neill
Daily Money Manager and Private Fiduciary
Member of AADMM since 2011