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How are they managing their medications?
Does their living environment pose any safety concerns?
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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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Jouki, more information would be helpful. What's your father's status? Is he in a hospital, what's the condition and what are the doctors recommending? What situation brought on the conflict between the siblings and your brother's invocation of his authority?
Whether or not your father is at a terminal point, and if your brother the proxy is acting in accordance with your father's wishes, the other siblings have no standing to interfere. But of course, that doesn't mean they won't try.
You could first try to have a heart-to-heart talk with them, with physician(s) present to explain the situation, and why they're bound to follow your father's wishes as documented in the DNR or Living Will. Legally, they can't do anything except abide by your brother's decision, and disgruntled siblings won't change that.
If that doesn't work, you might tell them they have no legal grounds for challenge or interference, and if they attempt any legal action such as applying for guardianship or attempting to revoke your brother's authority, that the costs would be borne by them and not your father or his eventual estate.
You might also add that taking this kind of challenging action will also hamper administration of your father's estate and slow down distribution of any assets. So if they fight, they wait.
Is there by change an in terrorem clause in your father's Will?
Another thing your brother could mention is that he also rights and can ask for injunctive relief against the meddling siblings. I honestly don't think it would be easy to get that of relief but the threat alone might make them consider.
Unfortunately, you can probably anticipate more of this if your father does pass. Is this same brother executor/personal representative under your father's Will?
It's so sad that so sad that families don't come together in times of crisis, but you're certainly not the only family in this situation.
Have they filed for guardianship? Are they trying to get their own POA executed?
More information would be helpful. As a legal professional working in the financial services industry, I've seen a fair amount of shennanigans and the like, and might have some better information to pass along. Others may have similar situations and will chime in.
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.
Whether or not your father is at a terminal point, and if your brother the proxy is acting in accordance with your father's wishes, the other siblings have no standing to interfere. But of course, that doesn't mean they won't try.
You could first try to have a heart-to-heart talk with them, with physician(s) present to explain the situation, and why they're bound to follow your father's wishes as documented in the DNR or Living Will. Legally, they can't do anything except abide by your brother's decision, and disgruntled siblings won't change that.
If that doesn't work, you might tell them they have no legal grounds for challenge or interference, and if they attempt any legal action such as applying for guardianship or attempting to revoke your brother's authority, that the costs would be borne by them and not your father or his eventual estate.
You might also add that taking this kind of challenging action will also hamper administration of your father's estate and slow down distribution of any assets. So if they fight, they wait.
Is there by change an in terrorem clause in your father's Will?
Another thing your brother could mention is that he also rights and can ask for injunctive relief against the meddling siblings. I honestly don't think it would be easy to get that of relief but the threat alone might make them consider.
Unfortunately, you can probably anticipate more of this if your father does pass. Is this same brother executor/personal representative under your father's Will?
It's so sad that so sad that families don't come together in times of crisis, but you're certainly not the only family in this situation.
Have they filed for guardianship? Are they trying to get their own POA executed?
More information would be helpful. As a legal professional working in the financial services industry, I've seen a fair amount of shennanigans and the like, and might have some better information to pass along. Others may have similar situations and will chime in.
Hope to hear from you!