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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.
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.
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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.
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My elderly mother lives with my sister and my sister is making it very difficult for me to see my mother. Because I have a legal written Notorised power of attorney on my mother, do I have legal visitation to see my mother?
That depends. You say you are POA for your mother. What does that mean? Does it mean that she, as principle, appointed you to act as POA for her? OR ARE YOU CURRENTLY acting as POA for your mother?
If your mother is competent in her own decisions, then you, as her POA, are there to act FOR her as she directs you to. And she will decide when, if and how much she wants to see you. IF your mother is no longer competent, if she is diagnosed as incompetent to the extent she cannot safely act for herself and in her own behalf, then you as designated POA are REQUIRED under the law to monitor your Mother's care and finances for her.
So the question comes down to whether or not your mother is competent, whether you are a "designated" or an "ACTING" POA.
Clearly there are some sibling problems here. This will be shattering for your mother, and my heart goes out to her. And it will be very problematic under the law. I suggest you go to an elder law attorney OR to APS. How, in fact, do you even know whether your POA is still active. Without visiting your mother how do you know she hasn't appointed sister new poa and yours has already become irrelevant.
If Mom is competent and living with sister and doesn't wish to see you, then you should resign as POA. If mom in no longer competent and wishes to live with sister with you as her POA then Sister should have a shared living contract with financial help and support and as POA you should be arranging that with an attorney. If mom is no longer competent you need to know this.
My advice is for you to call APS for an arranged visit and talk with Mom and Sister. If mom is still competent my advice to HER would be to give POA to the sister caring for her.
Is your POA in effect? Had Mom been declared incompetent to make her own decisions? My Moms was immediate so I did not need to declare incompetence but you do in a Spring POA.
If Sister is Moms Caregiver, why does she not hold POA? You don't have Power over Mom. POA is a tool. A tool to be able to know where she stands financially and the ability to place her. Are you giving Sis enough money to care for Mom? Sis should not be putting out any money of her own. Mom should be paying her way. If you have Medical then you talk to the doctors and facilities.
No, because she lives with Sis she really does not have the right to not allow u to see Mom. But then, its Sister's home. Are you able to take Mom out of the home? Give Sis a break?
Is your Mom cognitively impaired? If not, she gets to decide who visits her and when.
If your Mom has a medical diagnosis of impairment (and thus your PoA authority is now in play) then you can go over there and talk to your sister about what legal power you have to protect your Mom, her property etc. and that if sister doesn't play like an adult, you will take the paperwork in hand and call either APS or the police.
But just know this will start a cold war with your sister, so don't make a threat you aren't willing and able to carry out. Maybe better to tell your sister it's time she moves out? Otherwise you can evict her. She sounds like she may be trying to manipulate your Mom to get at assets... I'd do everything to get her out if I were you. Does she have an addiction problem? If so, get her out asap.
I would say you have the legal rights to see your mom regardless of whether you have POA or not if your mom wants to see you and you are being appropriate in your request.
Has your moms POA been activated? Is your mom competent to make decisions?
More information might help to get you a more relevant answer.
I am sorry you are having difficulty seeing your mom. You don’t say sister doesn’t allow you to see her, you say she is making it difficult. Can you give more information about this? Perhaps sister feels you are intruding on her private space?
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.
You say you are POA for your mother.
What does that mean? Does it mean that she, as principle, appointed you to act as POA for her?
OR
ARE YOU CURRENTLY acting as POA for your mother?
If your mother is competent in her own decisions, then you, as her POA, are there to act FOR her as she directs you to. And she will decide when, if and how much she wants to see you.
IF
your mother is no longer competent, if she is diagnosed as incompetent to the extent she cannot safely act for herself and in her own behalf, then you as designated POA are REQUIRED under the law to monitor your Mother's care and finances for her.
So the question comes down to whether or not your mother is competent, whether you are a "designated" or an "ACTING" POA.
Clearly there are some sibling problems here. This will be shattering for your mother, and my heart goes out to her. And it will be very problematic under the law.
I suggest you go to an elder law attorney OR to APS.
How, in fact, do you even know whether your POA is still active. Without visiting your mother how do you know she hasn't appointed sister new poa and yours has already become irrelevant.
If Mom is competent and living with sister and doesn't wish to see you, then you should resign as POA. If mom in no longer competent and wishes to live with sister with you as her POA then Sister should have a shared living contract with financial help and support and as POA you should be arranging that with an attorney.
If mom is no longer competent you need to know this.
My advice is for you to call APS for an arranged visit and talk with Mom and Sister.
If mom is still competent my advice to HER would be to give POA to the sister caring for her.
If Sister is Moms Caregiver, why does she not hold POA? You don't have Power over Mom. POA is a tool. A tool to be able to know where she stands financially and the ability to place her. Are you giving Sis enough money to care for Mom? Sis should not be putting out any money of her own. Mom should be paying her way. If you have Medical then you talk to the doctors and facilities.
No, because she lives with Sis she really does not have the right to not allow u to see Mom. But then, its Sister's home. Are you able to take Mom out of the home? Give Sis a break?
Is it possible for you to see mom without your sister being present?
Is your sister burning out as a caregiver and perhaps not thinking clearly about your situation?
It’s hard to know how to answer not knowing your specific situation.
Wishing you and your family well.
If your Mom has a medical diagnosis of impairment (and thus your PoA authority is now in play) then you can go over there and talk to your sister about what legal power you have to protect your Mom, her property etc. and that if sister doesn't play like an adult, you will take the paperwork in hand and call either APS or the police.
But just know this will start a cold war with your sister, so don't make a threat you aren't willing and able to carry out. Maybe better to tell your sister it's time she moves out? Otherwise you can evict her. She sounds like she may be trying to manipulate your Mom to get at assets... I'd do everything to get her out if I were you. Does she have an addiction problem? If so, get her out asap.
Has your moms POA been activated? Is your mom competent to make decisions?
More information might help to get you a more relevant answer.
I am sorry you are having difficulty seeing your mom. You don’t say sister doesn’t allow you to see her, you say she is making it difficult. Can you give more information about this? Perhaps sister feels you are intruding on her private space?