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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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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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I was under the assumption that the POA travels with the elder parent as they would be cared for and decisions would be made for by the adult child in the proximity of the parents?
Your assumptions are wrong and one of the worst things is someone "assuming" what a POA is, and not understanding their duties and obligations completely. Never take on a POA without understanding it completely. Nor the care of a person who has a POA and will not discuss care plans with you. Sit with the sibling who has POA and decide what is now to be done re POA. I am assuming sibling is still alive. I am also assuming that your Mother, who appointed the sibling POA, is alive but unable to change the POA due to deteriorating/ed mentation? A POA is conferred by a person on the person they feel best able to act FOR them as they direct them to act, and to act FOR them in their best interest when they are unable to act for themselves. The POA is not changed except by a MENTALLY CAPABLE adult who originally conferred it. There may be a "second" appointed to take over if the original POA resigns. You and your sibling should read the document. Then, if that sibling WISHES to resign POA you can take over if you are the second listed. This means you take on all the work. You are accountable for every penny into any accounts, for directing the accounts for acting only in best interests of the parent, to pay all bills, to account for every penny out of the accounts. Your record keeping skills and files must be complete. This is a LEGAL fiduciary duty. It would be easier for you to receive pay by a contract for caring for this parent now by your sibling remaining POA. If you make a care contract that is considered to enrich you you could be accused of self-enrichment. The POA is a LEGAL FIDUCIARY position. You need to understand it whether you ARE it or you are not. I suggest you read up on being a POA, or see an elder law attorney and explain you entire case. Hopefully you and sibling get along and can do this together. Or your parent is legally able to appoint you if she wishes to, and to withdraw your sister's POA. You don't ell us crucial information in your case, whether your parent is competent to make and withdraw POA. Whether your sibling is doing his or her duty correctly all this time he or she has been in charge, keeping files and documentation, whether you wish to be reimbursed for care, etc. Discuss all this with an elder law attorney. Before you even do that, given you will be paying about 350.00 an hour, do collect all the knowledge you can on the internet on your own. That will be a help. Wishing you good luck.
Alva, well said, and a very good explanation. Please save what you wrote and use it in the future whenever someone needs clarification, as it's been clear that many really don't understand the function of representing someone else pursuant to legal documents.
Your mom, if she has the legal mental and physical capacity, would need to create a new PoA document naming you. If she doesn't meet the standard for capacity (usually assessed in a private interview conducted by the elder law attorney) then your best and most logical option is for you to work with and cooperate with your sister as she makes decisions in your mom's best interests. After this there is legal guardianship of your mom through the courts.
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.
Sit with the sibling who has POA and decide what is now to be done re POA. I am assuming sibling is still alive. I am also assuming that your Mother, who appointed the sibling POA, is alive but unable to change the POA due to deteriorating/ed mentation?
A POA is conferred by a person on the person they feel best able to act FOR them as they direct them to act, and to act FOR them in their best interest when they are unable to act for themselves. The POA is not changed except by a MENTALLY CAPABLE adult who originally conferred it. There may be a "second" appointed to take over if the original POA resigns. You and your sibling should read the document. Then, if that sibling WISHES to resign POA you can take over if you are the second listed. This means you take on all the work. You are accountable for every penny into any accounts, for directing the accounts for acting only in best interests of the parent, to pay all bills, to account for every penny out of the accounts. Your record keeping skills and files must be complete. This is a LEGAL fiduciary duty.
It would be easier for you to receive pay by a contract for caring for this parent now by your sibling remaining POA. If you make a care contract that is considered to enrich you you could be accused of self-enrichment.
The POA is a LEGAL FIDUCIARY position. You need to understand it whether you ARE it or you are not. I suggest you read up on being a POA, or see an elder law attorney and explain you entire case.
Hopefully you and sibling get along and can do this together. Or your parent is legally able to appoint you if she wishes to, and to withdraw your sister's POA.
You don't ell us crucial information in your case, whether your parent is competent to make and withdraw POA. Whether your sibling is doing his or her duty correctly all this time he or she has been in charge, keeping files and documentation, whether you wish to be reimbursed for care, etc.
Discuss all this with an elder law attorney. Before you even do that, given you will be paying about 350.00 an hour, do collect all the knowledge you can on the internet on your own. That will be a help.
Wishing you good luck.