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Which best describes their mobility?
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Does their living environment pose any safety concerns?
Fall risks, spoiled food, or other threats to wellbeing
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Mostly Independent
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Forgot to mention. Not only do I live in GA and momma lives in AL and I am out of state we used momma and dad's attorney in AL because at that time I was executor of dad's will and we were working on mommas. Attorney did not have a problem that I was out of state. Now I can see that is a problem for me because I am doing the driving back and forth but I am the responsible one. Siblings don't want any part of any of it except their inheritance.
Momma assigned me POA after we lost dad over 10 years ago and we were redoing her will. I am not the closest but the most responsable one and I live out of state. As long as she is compendent she can assign anybody she wants too.
The one who lives closest to Mom should have POA. And since she lives in Alabama IMO thats were she has it written up and assigned. But as said, she has to be competent to assign someone. She can assign a main person and a secondary if the main person can't carry on the responsibility.
There are lots of people on this forum who do not live in the same State as a LO and are POAs.
Ask the lawyer if there is an alabama law that disallows POA in another state. I would be surprised. But, there are some strange laws in the south. if dad is incapacitated in any way, he cannot assign PO A to anyone. You would have to go the guardianship route.
If your mom is cognizant she can assign POA to whomever she wants to. If your mom is not cognizant then she can not assign POA to anyone no matter where they live. Has the lawyer told your brothers the same thing? You might want to consider Guardianship. The ideal thing would be to pick one sibling to be Guardian or you could try Co-Guardianship. (would work as long as you all get along and all agree on everything when it comes to mom's care)
If mom is cognizant taking her to a lawyer when you are there next and she can complete paperwork assigning POA. Strongly suggest a lawyer that is well versed in Elder Care Law. If mom is not cognizant bring her to the lawyers office and begin Guardianship
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.
This website doesn't mention anything about where a POA must live.
https://www.alabamalegalhelp.org/resource/powers-of-attorney
There are lots of people on this forum who do not live in the same State as a LO and are POAs.
if dad is incapacitated in any way, he cannot assign PO A to anyone. You would have to go the guardianship route.
If your mom is not cognizant then she can not assign POA to anyone no matter where they live.
Has the lawyer told your brothers the same thing?
You might want to consider Guardianship. The ideal thing would be to pick one sibling to be Guardian or you could try Co-Guardianship. (would work as long as you all get along and all agree on everything when it comes to mom's care)
If mom is cognizant taking her to a lawyer when you are there next and she can complete paperwork assigning POA. Strongly suggest a lawyer that is well versed in Elder Care Law.
If mom is not cognizant bring her to the lawyers office and begin Guardianship