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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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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.
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It is certainly legal in that she had the legal right to do so.
The question you need to ask is if that is what your mother wanted because if it was not then the POA acted against your mother’s wishes and that is unethical and possibly illegal.
What evidence exists that your mother wanted to make that change? If there isn’t any then you are right to be suspicious because the POA can’t use their agency to enrich themselves.
Tell us more. I hope that you didn't give up your life to be her 24/7/365 caregiving slave to "save the inheritance." What's the approximate value of the investments?
It must have been, because changing these things is very very difficult to do, and a POA would have been reviewed by the companies. A POA can do whatever the documents SAY they can do. My own POA and Trustee of Trust gave me wide powers to change beneficiary on CDs that came due, no matter who was listed as the beneficiary when they were created. Fact is I kept them as I felt my brother wished them to be, but I COULD HAVE changed them.
The place to start is to investigate when and how they were changed. I can't help but think you will need an attorney for this. If the POA changed them to him or herself you have a better case, as POA cannot "enrich" themselves. And it would be looked at if they make their own progeny the beneficiary, say, instead of YOU.
I would see an elder law attorney about this with any documentation or proof you have as to when, where, how and why these changes were made.
This is good advice. A POA has to be careful not to line their pockets or do anything that looks that way. After mother gave me POA, I set up an online portal to see what kind of life insurance she has (for Medicaid planning). Her best friend, also elderly and sick, was the beneficiary. I wanted to be named so that I am not stuck paying her final expenses. It’s not a huge policy, $5000. Also, keep in mind husband and I have probably already spent about $5000 helping her and getting the legal stuff done with the elder lawyer. Mother had mentioned putting me as the beneficiary. I could have done it myself, but I printed the paper and brought it to her for her to sign. I was not touching that myself.
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.
The question you need to ask is if that is what your mother wanted because if it was not then the POA acted against your mother’s wishes and that is unethical and possibly illegal.
What evidence exists that your mother wanted to make that change? If there isn’t any then you are right to be suspicious because the POA can’t use their agency to enrich themselves.
How did you find out?
Did she make herself the sole beneficiary?
Need more information.
The place to start is to investigate when and how they were changed. I can't help but think you will need an attorney for this. If the POA changed them to him or herself you have a better case, as POA cannot "enrich" themselves. And it would be looked at if they make their own progeny the beneficiary, say, instead of YOU.
I would see an elder law attorney about this with any documentation or proof you have as to when, where, how and why these changes were made.