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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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If they each have a POA document naming them POA they should each independently be able to access this info directly from the banks and institutions. My guess is they each have POA and equal access by law and are supposed to agree on decisions (50/50) unless it’s stated that one is to take care of finances and one medical or something, that might be a diffrent story. But otherwise they likely have equal legal access and rights one of them just sounds like he is better at using it so far. Consulting the attorney that set up the POA’s would be advisable too if for no other reason than to establish a relationship so the other brother can’t try to hijack that too.
I'm a bit confused about the 50% each part of this, it would be a very unusual way to write up a POA. Do you mean jointly, or perhaps jointly and severally? If the POA is written up giving equal duties to both individuals the 2nd person shouldn't have any difficulty accessing financial information, the possible exception to this would be with some banks that refuse to honour these documents and may have had their own forms where the 2nd person's name was excluded.
Moving to the core of this dispute - I can't see any way someone would benefit from moving dad into a facility he can not afford, would you care to elaborate on why there is a reason to doubt this decision?
I think that one of the siblings is being denied information about money and bills and payments by the other. I think that the one being denied knowledge may fear that the other is somehow mishandling funds.
You say 50% each, and if this is true, this is what typically happens with 50% each, and stands as a good warning to elders that it should not be done. Appoint ONE POA and appoint the other as Secondary and to step in if the first unable or unwilling to serve for some reason. This of course, if you cannot speak to one another about it, is going to require an attorney. The POA is a legal document. You can only enforce it under the law in any refusal. Wishing you good luck. You might beg your other sibling to prevent the wasting of your parents funds on this sort of action. Do know if you are not co-equal, but are primary and secondary, then the secondary has no say at this point.
All good points. My first reaction is to hopefully contact lawyer who might have set this up. I am an only child so I have not experienced what so many endure with difficult siblings. We set up POA for my mother with a good attorney who deals alot with elder care issues. I would hope that the lawyer who set this up could be contacted and would tell sibling that she has interfered negatively with structure of POA thus possibly making her involvement legally irresponsible with consequences.
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.
If the POA is written up giving equal duties to both individuals the 2nd person shouldn't have any difficulty accessing financial information, the possible exception to this would be with some banks that refuse to honour these documents and may have had their own forms where the 2nd person's name was excluded.
Moving to the core of this dispute - I can't see any way someone would benefit from moving dad into a facility he can not afford, would you care to elaborate on why there is a reason to doubt this decision?
Why does #2 doubt what #1 has done?
This of course, if you cannot speak to one another about it, is going to require an attorney. The POA is a legal document. You can only enforce it under the law in any refusal. Wishing you good luck. You might beg your other sibling to prevent the wasting of your parents funds on this sort of action.
Do know if you are not co-equal, but are primary and secondary, then the secondary has no say at this point.