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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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My wife has a durable power of attorney for her 95 year old mother. Her mother lived with us four years before her dementia overcame her. We had to move her to memory care and it was private pay because assets and income prevented her from qualifying for Medicaid. We used “A place for Mom” to help find a facility. We also got help from “Patriot Angels” to get he the Aid and Attendance” benefit from the VA. With her social security and the VA, she was still short of what it cost for memory care. We did not want to jeopardize our retirement savings to pay for her care so she went to the company that held her annuity and they said to send them a copy of the POA and request the amount of money we needed. My wife simply signed the request in the form in the form as was instructed by the POA document. That was all that it took to “invoke” the POA. Every time she deals with a different entity such as a bank, etc, she has to present the POA. It is not complicated.
Gamojo, please explain more about Patriot Angels. Did you have to pay for that service? If so, how do they charge? How long did it take to get the Aid and Attendance benefit with their help?
Read your power of attorney document. It will tell you exactly what you need to do this. Be certain you know your Fiduciary duties and are ready to do them. You will be responsible for contacting all banks, entities and for learning how to pay bills and how to sign checks and for keeping thorough files and records of every penny in and every penny out if you are invoking financial POA. And that's about it unless you have a specific question. Sure wish you the very best of luck. I did this for a very cooperative and well organized senior and it's a bear to get it all together.
AFA held a webinar with a legal expert about legal documents. POA was prominant in the hour long video Your answer may be found here. https://alzfdn.org/webinar_archive/care-connection-webinar-which-legal-documents-are-needed-when-alzheimers-touches-your-family/
I did not read my Mom's POA or my nephews, I just thought both were effective when found they could not make decisions for themselves anymore. Discussions on this formum had me looking at both.
Mom's was immediate. She was in her early 80s when she had it done so I guess the lawyer took it upon himself to make it immediate. My nephew even though in his 20's at the time has challenges and one was understanding money so his is immediate too. Both of their health directives I need a doctor to declare them incompetent.
So first read it carefully. My nephews said Immediate in the first paragraph, Moms I had to hunt for. If Immediate its already in effect. If Springing it will say that the principle has to be declared incompetent to make informed decisions by one or more doctors to be in effect.
Then its how old is the document? The article I just read said Durable is good until death. But it also stated that Banks especially don't like old POAs and probably will not honor them. It suggests that as long as the Principle is competent, a POA should be updated every 3 years. And something interesting, a DPOA is hard to have revoked by the Principle because there was some reason why it was made Immediate. The Principle actually has to go to court to have it revoked.
I couldn't find anything about what to do if its old and the person is incompetent to update it, other than nothing really.
Lookingforhappy I see this is your first post in several years. Welcome back to the forum. Are you still caring for your parents? Some POAs are in effect the minute they are signed. Others have stipulations as to when they can be put into action. The best thing is to read the document, especially if it has been awhile. The terms should be clear. If you still have questions, give us a bit more information and you will get a more helpful answer.
I just had my POA done. There are two types of POA - durable power of attorney and springing power of attorney. Durable power of attorney becomes effective the moment it is signed and notarized by all parties. Springing power of attorney becomes effective when the assignor becomes incapacitated. Note that if the assignor dies then the POA becomes null and void.
I must add that durable power of attorney becomes effective immediately after the POA is signed and notarized regardless of whether the assignor is incapacitated or in perfect health. Springing power of attorney does not become effective immediately; it only becomes effective when the assignor is incapacitated and cannot handle his/her affairs.
Ask the manager at mom’s bank for their POA form. Fill it out, possibly need bank notary to watch you sign it and submit it to the bank with the POA. Then wait until they say you’re official. Now do it for every other account including doctors.
Some POA documents require a doctor to certify that the person is now incapable of making decisions for themself. Check your specific POA documents if you can.
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.
Be certain you know your Fiduciary duties and are ready to do them. You will be responsible for contacting all banks, entities and for learning how to pay bills and how to sign checks and for keeping thorough files and records of every penny in and every penny out if you are invoking financial POA.
And that's about it unless you have a specific question. Sure wish you the very best of luck. I did this for a very cooperative and well organized senior and it's a bear to get it all together.
Who needs POA? Type of POA? Are they still cognizant?
https://alzfdn.org/webinar_archive/care-connection-webinar-which-legal-documents-are-needed-when-alzheimers-touches-your-family/
Mom's was immediate. She was in her early 80s when she had it done so I guess the lawyer took it upon himself to make it immediate. My nephew even though in his 20's at the time has challenges and one was understanding money so his is immediate too. Both of their health directives I need a doctor to declare them incompetent.
So first read it carefully. My nephews said Immediate in the first paragraph, Moms I had to hunt for. If Immediate its already in effect. If Springing it will say that the principle has to be declared incompetent to make informed decisions by one or more doctors to be in effect.
Then its how old is the document? The article I just read said Durable is good until death. But it also stated that Banks especially don't like old POAs and probably will not honor them. It suggests that as long as the Principle is competent, a POA should be updated every 3 years. And something interesting, a DPOA is hard to have revoked by the Principle because there was some reason why it was made Immediate. The Principle actually has to go to court to have it revoked.
I couldn't find anything about what to do if its old and the person is incompetent to update it, other than nothing really.
I see this is your first post in several years. Welcome back to the forum. Are you still caring for your parents?
Some POAs are in effect the minute they are signed. Others have stipulations as to when they can be put into action. The best thing is to read the document, especially if it has been awhile. The terms should be clear. If you still have questions, give us a bit more information and you will get a more helpful answer.
Now do it for every other account including doctors.
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