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Who are you caring for?
Which best describes their mobility?
How well are they maintaining their hygiene?
How are they managing their medications?
Does their living environment pose any safety concerns?
Fall risks, spoiled food, or other threats to wellbeing
Are they experiencing any memory loss?
Which best describes your loved one's social life?
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.
Remember, this assessment is not a substitute for professional advice.
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You can't be both executor and POA at the same time, one expires at death and the other only comes into force after. Both are positions of trust where you are required to look out for the person who granted them, not your own interests. Why would you even consider "borrowing" money from your mom/mom's estate without documenting it if you truly intended to pay it back?
Suppose your mother were a company, and you were the company's bookkeeper. Would you think it okay to make yourself this undocumented personal loan, planning perhaps to pay it back out of next year's wages?
I'm curious, though, so I'll bite: how did you think it might possibly be justifiable?
justdave, any time a person passes on and there is an estate, this estate will need to go through the County/City Probate Court, unless everything was placed in a Revocable or Irrevocable Trust prior to death.
Thus, every penny needs to be accounted for numerous times during the probate process. If the Court finds any changes in the accounting, the Court will demand to know what happen to those funds. The funds can only be used to pay off debts owed by the Estate.
From a legal perspective, no. Even if the POA has certain language or permissions that would permit transfer of assets, however temporary, the law is clear that any such action must be to benefit the principal and must fall in line with past practices and the estate plan of the principal - NOT to benefit the attorney-in-fact.
In almost every state, there is law in place that allows the beneficiaries of a person's estate (even if the principal has not died) to move forward with requesting an accounting.
Finally, you say it would be "undocumented". Well, as soon as you pull the money out of the bank, sell an asset and use the proceeds for your own benefit, transfer or move assets, it's documented. Unless there is a stash of cash in the attic that no one knows about, there's no such thing as "undocumented". Frankly, if you were contemplating this and could justify it against the terms of the POA, I don't know why you wouldn't document it, including a repayment schedule and a statutory interest rate calculated into the matter, and a clear chain of evidence regarding the transaction.
I look at 10-15 POAs in my legal position at a financial services company. This kind of action is specifically what we scrutinize the POA itself and the transaction against - self-dealing. I realize you are asking a question, but this just reeks of self-dealing at a minimum, up to financial exploitation of an elderly person/elder abuse on the harsh end of the spectrum.
If you have a POA, you have a special position of duty and trust. No one - legal or layperson - would recommend you take an action that is completely over the line of the trust given to you through that document.
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.
Just don't
I'm curious, though, so I'll bite: how did you think it might possibly be justifiable?
Thus, every penny needs to be accounted for numerous times during the probate process. If the Court finds any changes in the accounting, the Court will demand to know what happen to those funds. The funds can only be used to pay off debts owed by the Estate.
In almost every state, there is law in place that allows the beneficiaries of a person's estate (even if the principal has not died) to move forward with requesting an accounting.
Finally, you say it would be "undocumented". Well, as soon as you pull the money out of the bank, sell an asset and use the proceeds for your own benefit, transfer or move assets, it's documented. Unless there is a stash of cash in the attic that no one knows about, there's no such thing as "undocumented". Frankly, if you were contemplating this and could justify it against the terms of the POA, I don't know why you wouldn't document it, including a repayment schedule and a statutory interest rate calculated into the matter, and a clear chain of evidence regarding the transaction.
I look at 10-15 POAs in my legal position at a financial services company. This kind of action is specifically what we scrutinize the POA itself and the transaction against - self-dealing. I realize you are asking a question, but this just reeks of self-dealing at a minimum, up to financial exploitation of an elderly person/elder abuse on the harsh end of the spectrum.
If you have a POA, you have a special position of duty and trust. No one - legal or layperson - would recommend you take an action that is completely over the line of the trust given to you through that document.