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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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As a follow-up on what bicycler said about the type of POA and whether you have to PROVE that the person is INCOMPETENT:
My Mom’s Durable POA states” I declare that this power of attorney shall not be affected by my disability or incapacity, and that the authority granted herein shall continue during any period while I am disabled or incapacitated.” In other words, I was able to evoke my power as Mom’s POA and sign any checks, insurance papers, required farm forms, etc. as soon as Mom went into the hospital and then was admitted to the nursing home. I did not have to prove that Mom was incompetent.
Jennifer61, the answer to whether you can restrict your dad's access to his own CDs depends on the type of POA and/or whether he has been declared incompetent. Some financial POAs immediately allow both the grantor (your dad) and the agent (you) to handle finances and some do not come into effect or restrict the grantor unless the grantor is deemed incompetent by one or more doctors. POAs vary depending upon what the grantor wanted to do and who wrote the POA. You should carefully read the POA to determine if it is sufficient for you to now restrict his access to his financial assets. If it is not sufficient, then you may be able to get him to sign a new POA that is sufficient, but he has to understand what he is signing for it to be a valid POA. If he is either unwilling to sign a new POA or is unable to understand what he is signing, then your only recourse may be to petition the court for guardianship and conservatorship.
Jennifer, Could you give us more background information. Where are your Dad's CODs--at his house, in his safety deposit box? Is your Dad living at his house or with you or in an AL or NH? Are you a co-signee/co-owner on your dad's checking accounts and safety deposit box? Is there any other family members who would be willing to get the CODs for your Dad even if you tell them not to? Who do you think is "Scamming" your Dad?
Based on what you have stated, I would said that "No, your dad CANNOT get his CODs--if you have evoke your POA power over your Dad. If you have not evoke the POA, why not?
{Jennifer61 was located on page 4 of forum and had not received any comments after 4 hours.}
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.
My Mom’s Durable POA states” I declare that this power of attorney shall not be affected by my disability or incapacity, and that the authority granted herein shall continue during any period while I am disabled or incapacitated.” In other words, I was able to evoke my power as Mom’s POA and sign any checks, insurance papers, required farm forms, etc. as soon as Mom went into the hospital and then was admitted to the nursing home. I did not have to prove that Mom was incompetent.
Where are your Dad's CODs--at his house, in his safety deposit box? Is your Dad living at his house or with you or in an AL or NH? Are you a co-signee/co-owner on your dad's checking accounts and safety deposit box? Is there any other family members who would be willing to get the CODs for your Dad even if you tell them not to? Who do you think is "Scamming" your Dad?
Based on what you have stated, I would said that "No, your dad CANNOT get his CODs--if you have evoke your POA power over your Dad. If you have not evoke the POA, why not?
{Jennifer61 was located on page 4 of forum and had not received any comments after 4 hours.}