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Acknowledgment of Disclosures and Authorization
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.
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Mostly Independent
Your loved one may not require home care or assisted living services at this time. However, continue to monitor their condition for changes and consider occasional in-home care services for help as needed.
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The laws about this aren't very clear. In general, health is private. But, when death is imminent, there are exceptions. This is because, the person concerned (in other words, the sick person) has a right to be told, because they have a right to try to get their affairs in order, and to say their goodbyes...
I know you're asking about your cousin, whether he had a legal duty to inform. Let me just say, the doctor, if death is imminent, should have told your grandfather directly.
It used to be, years ago, in some countries, that doctors would not tell patients when they have cancer and death is imminent, because it could mentally traumatize them, and might make them give up on life. So doctors would tell the family, and not the patient. This secrecy is no longer done. Now the patient has a right to know their diagnosis, if death is imminent.
When death is not imminent, there can be cases where a doctor believes it's better not to tell the patient, and only tell a family member. Again, in order not to traumatize the patient, and not take away their will to live. But again, this secrecy is only allowed if death isn't imminent.
Your grandfather is 104 according to your profile. In all likelihood, the POA was trying to spare him the traumatic news of impending death from pancreatic cancer. Although impending death would not come as shocking news to anyone at that age. Idk why you weren't told or that it's "illegal"......did you stay in regular contact with both of them?
Yes, that is legal. A POA is under no obligation to share ANYTHING with the family that the principal who appointed him/her POA doesn't want shared. The POA acts in accordance with the specific obligations written out in the document. There is no obligation to share medical or financial information or any other private information to family in most cases.
There is likely some reason that the second cousin chose his or her POA over a family member; it was the cousin's decision. The POA is accountable only to the cousin and to the courts. The POA ends at death of the appointing principal.
Your cousin chose not to notify family of diagnosis, or was unable to do so. Without explicite instructions from Cousin to POA about what to do the POA is under no obligation to share any private information whatsoever.
That is POA duties as I understand them, but a question such as this is better passed by an elder law attorney in your own state. Laws may differ.
More information can be found here: Power of Attorney Rights and Limitations - AgingCare.com. Type this into search at the blue AgingCare line above and you will have more information as well.
As POA he is not entitled to tell family anything concerning Grandpa. He may not have told grandpa because with his decline he may not of understood it anyway. They aren't going to do Chemo on 104 yr old. That cancer is not curable anyway.
How did you find out. Because no one but the POA should have been given this info.
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.
I know you're asking about your cousin, whether he had a legal duty to inform. Let me just say, the doctor, if death is imminent, should have told your grandfather directly.
It used to be, years ago, in some countries, that doctors would not tell patients when they have cancer and death is imminent, because it could mentally traumatize them, and might make them give up on life. So doctors would tell the family, and not the patient. This secrecy is no longer done. Now the patient has a right to know their diagnosis, if death is imminent.
When death is not imminent, there can be cases where a doctor believes it's better not to tell the patient, and only tell a family member. Again, in order not to traumatize the patient, and not take away their will to live. But again, this secrecy is only allowed if death isn't imminent.
A POA is under no obligation to share ANYTHING with the family that the principal who appointed him/her POA doesn't want shared. The POA acts in accordance with the specific obligations written out in the document. There is no obligation to share medical or financial information or any other private information to family in most cases.
There is likely some reason that the second cousin chose his or her POA over a family member; it was the cousin's decision. The POA is accountable only to the cousin and to the courts. The POA ends at death of the appointing principal.
Your cousin chose not to notify family of diagnosis, or was unable to do so. Without explicite instructions from Cousin to POA about what to do the POA is under no obligation to share any private information whatsoever.
That is POA duties as I understand them, but a question such as this is better passed by an elder law attorney in your own state. Laws may differ.
More information can be found here:
Power of Attorney Rights and Limitations - AgingCare.com.
Type this into search at the blue AgingCare line above and you will have more information as well.
How did you find out. Because no one but the POA should have been given this info.