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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.
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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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My sister has quit as my fathers durable power of attorney , I'm my fathers caregiver for 5 years now and want to take over for her as his POA . He has late stage dementia and can't speak for himself. Do I need a lawyer and what kind of a lawyer ?
Hi Ralph. I'm sorry but it doesn't sound like your dad is able to give you a power of attorney in his current condition. He is the only one who can sign as POA for himself. I would suggest you see an elder attorney and see what you are able to do. Usually guardianship must be filed for and awarded by the courts when the person is no longer competent. Is it possible that your sister would consider continuing? Perhaps she would visit the attorney with you to discuss dads options and her possible responsibilities to continue as his POA.
Also, who is named a successor POA in the POA itself, after your sister? Does the POA have any language regarding your sister being able to name another POA if she is no longer able or willing to continue?
If there are no successors named or no succession rights in the current POA, 97yroldmom is correct. From a legal perspective, he has to have capacity and competency to execute a new POA and it sounds like he's past that point. Guardianship and conservatorship (if separate in your state) would be an option to consider. I second the suggestion to consult with an elder law attorney for further assistance.
Talk with an Elder Law attorney in your state. If your father has lost capacity to make financial or health care decisions, you will need the authority of a Court to manage his affairs, unless he designated an alternate person to step up and serve as his agent.
Probate Court Guardianship supervises a person's medical care. Conservatorship oversees a person's financial matters. If an elder loses the ability to communicate informed decisions, someone else must speak for that person. If you are willing to serve, you can petition to ask the Court to give you authority. But there are costs and time commitments. An Elder Law Attorney in your state can explain your options. If your father is needy, there may be programs in your state that provide legal services and professional guardianship services. But you have to consider the loss of control that goes with assenting to have others act on behalf of your loved one.
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'm sorry but it doesn't sound like your dad is able to give you a power of attorney in his current condition. He is the only one who can sign as POA for himself.
I would suggest you see an elder attorney and see what you are able to do. Usually guardianship must be filed for and awarded by the courts when the person is no longer competent.
Is it possible that your sister would consider continuing? Perhaps she would visit the attorney with you to discuss dads options and her possible responsibilities to continue as his POA.
If there are no successors named or no succession rights in the current POA, 97yroldmom is correct. From a legal perspective, he has to have capacity and competency to execute a new POA and it sounds like he's past that point. Guardianship and conservatorship (if separate in your state) would be an option to consider. I second the suggestion to consult with an elder law attorney for further assistance.
Probate Court Guardianship supervises a person's medical care. Conservatorship oversees a person's financial matters. If an elder loses the ability to communicate informed decisions, someone else must speak for that person. If you are willing to serve, you can petition to ask the Court to give you authority. But there are costs and time commitments. An Elder Law Attorney in your state can explain your options. If your father is needy, there may be programs in your state that provide legal services and professional guardianship services. But you have to consider the loss of control that goes with assenting to have others act on behalf of your loved one.