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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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I need to gain power of attorney for my father who has been deemed incompetent he can no longer live by himself and need's 24 hour around the clock. I am his daughter Mary L. who needs to have this done.
A person who has been deemed incompetent cannot enter into a legal contract to include a POA election. I would not recomment using an online application for Durable Power of Attorney. They are too short and do not address all the needed specifics an agent may need to do. I was my mother's Durable Power of Attorney that was drawn up by her lawyer. It was seven pages long and included every situation that I could do acting as her agent. You will not find anything like it online. If your father is indeed incompetent, then you need to petition the courts to appoint you as his POA.
Who deemed him incompetent and when? I ask because it seems the person/court deeming him legally incompetent ought to be able to help direct you in how to best care for him. I'd hope so!
POA laws vary from state to state, but as Debralee said, he can't sign a contract to appoint you POA if he's already been deemed incompetent. You can do state specific searches for "Power of Attorney laws in _______" and go from there. Make sure that whenever you do online searches you specify the state/county so you get relevant info.
There may be other options, such as guardianship. Consulting with an elder law attorney is also a good idea. If your financial situation makes that hard/impossible then look up "low income legal resources" again state/county specific. You can also get information from the National Association of Area Agencies on Aging or look up Senior Services. Anytime I've called these types of places for my own situation I always ask about other resources and usually get off of the phone with a few other places to call.
Go to LegalZoom. You can fill out the forms specific to your state on line, they'll mail you a hard copy and send you an email with a digital file so you can print it out immediately. It's not free. I think it's about $79 for a Durable Power of Attorney. They have an excellent reputation.
As to his being incompetent, here's the deal on that. I just spoke with an Elder Law attorney this week, and he explained that, even if dad has mild (or not so mild) dementia, that doesn't mean he can't execute a POA. It DOESN'T mean that he can't be present in the moment and understand exactly what he's doing. Here's the wording on a form that my mom's doctor is happy to execute for her: The form calls for the doctor's name and address, phone number and signature. It reads as follows:
"I am of the opinion that (your dad) is capable of comprehending the meaning of legal documents such as a Power of Attorney, Last Will and Testament, Living Will and Ded, and has the capacity to consent to the execution of these legal documents on his behalf."
My doctor said he'd happily execute that form. Mom has been diagnosed with mild dementia. She may not remember what day it is, nor the month, nor what she had for breakfast this morning, but she most assuredly understands "in the moment." Maybe your dad's doctor would do the same thing. If I were you, I would NOT execute the POA without talking to an attorney though.
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.
POA laws vary from state to state, but as Debralee said, he can't sign a contract to appoint you POA if he's already been deemed incompetent. You can do state specific searches for "Power of Attorney laws in _______" and go from there. Make sure that whenever you do online searches you specify the state/county so you get relevant info.
There may be other options, such as guardianship. Consulting with an elder law attorney is also a good idea. If your financial situation makes that hard/impossible then look up "low income legal resources" again state/county specific. You can also get information from the National Association of Area Agencies on Aging or look up Senior Services. Anytime I've called these types of places for my own situation I always ask about other resources and usually get off of the phone with a few other places to call.
Hope that helps.
As to his being incompetent, here's the deal on that. I just spoke with an Elder Law attorney this week, and he explained that, even if dad has mild (or not so mild) dementia, that doesn't mean he can't execute a POA. It DOESN'T mean that he can't be present in the moment and understand exactly what he's doing. Here's the wording on a form that my mom's doctor is happy to execute for her: The form calls for the doctor's name and address, phone number and signature. It reads as follows:
"I am of the opinion that (your dad) is capable of comprehending the meaning of legal documents such as a Power of Attorney, Last Will and Testament, Living Will and Ded, and has the capacity to consent to the execution of these legal documents on his behalf."
My doctor said he'd happily execute that form. Mom has been diagnosed with mild dementia. She may not remember what day it is, nor the month, nor what she had for breakfast this morning, but she most assuredly understands "in the moment." Maybe your dad's doctor would do the same thing. If I were you, I would NOT execute the POA without talking to an attorney though.
I am not an attorney.