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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.
Remember, this assessment is not a substitute for professional advice.
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Since ur POA is probably in effect because he has a Dementia, I would think you have the ability to stop her. He assigned u POA for a reason. I would talk to the lawyer who drew up the POA to see what ur rights are. For now I would advise the facility that this daughter is not allowed to take Dad out of the facility. That if she tries, to call the police.
The only thing she could do is get guardianship that would override ur POA. Its expensive and she answers to the state.
Make sure Dads bank accounts are secure. Only you and him on the accts. Make them aware that someone else may try to use them or get to them. Make sure you are the only one able to sign. My Uncle was given a number to use under his signature so the bank knew it was him. Make sure ur POA is on file with the bank. A letter from his doctor showing Dad is incompetent may help. Stepsis may try to bring him to the bank to withdraw money. If Dad is able to "show time", the teller may see nothing wrong.
If you were chosen POA by someone, and have a well written legal document, and this person is no longer able to make his or her own decisions, then you are in charge of all decisions at this point, you are acting for this person, having been appointed by this person to act for him or her or in a manner you understand to be in his or her own best interests. Now, the biological daughter, being a blood relative, and if with a close history with the parent, likely can go to court and request guardianship of the parent. That would knock out the POA. You could probably fight this, but wars in court over guardianship often can go into the thousands, up to 10,000. I agree with Joann. Speak to the Lawyer who drew up the papers for your POA and be ready to speak in court about the closeness of your relationship, the wishes of the elder you serve, and to present meticulous records on everything you are doing in terms of assets in and assets out on a monthly basis, all accounts, and etc. Have separate folders for each bank account and entity paid, and all receipts. If you have access to wills, papers declaring person incompetent, etc, be certain you have copies locked away in very safe keeping.
Wow you are kind with the 10k Alva. My uncle went to court and got concervatorship on my dad under false pretense; stole all my dad’s money while my dad was with me. It cost me over 80k and over 3 years. We have never been able to collect the money back although judgement was in our favor. I ended up just voiding the conservatorship given to my uncle and letting the money go as ultimately I would have never seen the money again as it would go in attorneys fees. My dad is safe now with me. The saddest part of it all is that his brother was only after the money, not really concerned about his brother’s health or care.
Is the POA document one that's springing or durable (DPOA)? The former is activated on certain conditions, often DX of dementia; the latter doesn't require specific events to be activated.
The enabling criteria should be stated in the document.
You need to read the enabling segment of the document very carefully. You may or may not have the authority that you think is granted to you. And if you're uncertain, contact the attorney who prepared the document.
Has he been formally declared incompetent? Because if not, he is still in charge whether you have POA or not so if he wants to move with his daughter, he can do that.
Generally, the POA gives you authority to act on someone's behalf in handling their financial matters.
We used my Dad's POA to handle his admission paperwork at the nursing home. He transferred from a hospital.
Do you also have paperwork that addresses making medical or personal care decisions? If he specifically gave someone else the authority to decide where he lives then you are just responsible for handling the bills. Some families divide the work that way, but everyone should know who is responsible for what.
Check the wording on your POA. You should also be able to seek legal advice as POA regarding what decision making he retains and how to best protect his assets.
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.
Since ur POA is probably in effect because he has a Dementia, I would think you have the ability to stop her. He assigned u POA for a reason. I would talk to the lawyer who drew up the POA to see what ur rights are. For now I would advise the facility that this daughter is not allowed to take Dad out of the facility. That if she tries, to call the police.
The only thing she could do is get guardianship that would override ur POA. Its expensive and she answers to the state.
Make sure Dads bank accounts are secure. Only you and him on the accts. Make them aware that someone else may try to use them or get to them. Make sure you are the only one able to sign. My Uncle was given a number to use under his signature so the bank knew it was him. Make sure ur POA is on file with the bank. A letter from his doctor showing Dad is incompetent may help. Stepsis may try to bring him to the bank to withdraw money. If Dad is able to "show time", the teller may see nothing wrong.
Now, the biological daughter, being a blood relative, and if with a close history with the parent, likely can go to court and request guardianship of the parent. That would knock out the POA. You could probably fight this, but wars in court over guardianship often can go into the thousands, up to 10,000.
I agree with Joann. Speak to the Lawyer who drew up the papers for your POA and be ready to speak in court about the closeness of your relationship, the wishes of the elder you serve, and to present meticulous records on everything you are doing in terms of assets in and assets out on a monthly basis, all accounts, and etc. Have separate folders for each bank account and entity paid, and all receipts. If you have access to wills, papers declaring person incompetent, etc, be certain you have copies locked away in very safe keeping.
The enabling criteria should be stated in the document.
You need to read the enabling segment of the document very carefully. You may or may not have the authority that you think is granted to you. And if you're uncertain, contact the attorney who prepared the document.
We used my Dad's POA to handle his admission paperwork at the nursing home. He transferred from a hospital.
Do you also have paperwork that addresses making medical or personal care decisions? If he specifically gave someone else the authority to decide where he lives then you are just responsible for handling the bills. Some families divide the work that way, but everyone should know who is responsible for what.
Check the wording on your POA. You should also be able to seek legal advice as POA regarding what decision making he retains and how to best protect his assets.