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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.
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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 guess I'm just repeating but maybe in simpler language - if you have DPOA you can legally act in the persons place if you are doing so in agreement with what they want - you can not over-ride what they want in cases where you disagree with their choice. Once the person is declared incompetent by a judge you can make any decision you wish whether the person agrees or not. For instance if I am DPOA and my mother wants to give all her money to Friends of Retired Mimes I can't stop her even if I know this would be a financial disaster unless she has been declared incompetent in a court of law. If she has been declared incompetent in court and by a judge I can stop her.
Generally speaking the POA can be acted upon when the person becomes incompetent, however, a POA can open many doors for the caregiver while the elder is still competent. And remember competence can be very subjective. My Dad is "legally competent". He would pass the basic tests given by a doctor or judge. But as his dementia began he totally screwed up the finances. I mean TOTALLY! Luckily my folks had granted me a very broad POA and I was able to track down the annuities, checking accounts, CDs, and all the rest and get things in order. It took months.
And here's another point about POAs. If I were dishonest I could have used my POA to feather my own nest to a large degree. I could have wiped my folks out. It goes both ways. Some nasty kinfolk have wiped out elders using POA while others can't get the bank to release money for legitimate reasons.
BTW, durable POAs and springing POAs remain in effect until the death of the signer unless they are revoked. A person has to be competent to appoint a POA, so the window of time to appoint a POA closes when the person becomes incompetent. If the POA is appointed before a person is declared incompetent, then the POA remains in effect. A person cannot appoint or revoke a POA if they are incompetent. Guardianship comes in at that point.
You need to read the POA to see exactly what it provides in terms of acting.
I acted under my father's when he was unable to communicate for himself, not because of an incompetency adjudication or opinion but because he was in a chemically induced coma, on a ventilator, and later had a trach and couldn't speak. He communicated by writing though.
The POA form will have when it becomes effective. If it is durable, it becomes effective immediately upon signing. The other type of POA -- springing -- becomes effective only after the signer becomes incapacitated. A durable POA does not give a person the ability to make decisions for the signer if he/she is still competent. It does give them the ability to be an agent in carrying out the wishes of the signer, e.g. going to the bank, paying bills, handling property, or filling out tax forms.
I would check with an attorney in your state. I thought durable meant that it continued in force after incompetency of the declarant. I can see how that might be confusing.
The DPOA allows you to act in accordance with their wishes until they are certified incompetent by two MD's. Those two MD's should be psychiatrists or neurologists. Once declared incompetent, you make decisions for them for the best of their welfare, despite their objections, such as taking away the car or even placing them in a facility when they want to be home.
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.
For instance if I am DPOA and my mother wants to give all her money to Friends of Retired Mimes I can't stop her even if I know this would be a financial disaster unless she has been declared incompetent in a court of law. If she has been declared incompetent in court and by a judge I can stop her.
And here's another point about POAs. If I were dishonest I could have used my POA to feather my own nest to a large degree. I could have wiped my folks out. It goes both ways. Some nasty kinfolk have wiped out elders using POA while others can't get the bank to release money for legitimate reasons.
I acted under my father's when he was unable to communicate for himself, not because of an incompetency adjudication or opinion but because he was in a chemically induced coma, on a ventilator, and later had a trach and couldn't speak. He communicated by writing though.