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Acknowledgment of Disclosures and Authorization
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.
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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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How can I assure her I'll collect monies associated with those projects, and do so without copyright infringements or competition from surviving family members?
Ask a lawyer to come and draft a will leaving you all of her property, both material and intellectual.
Are you anticipating any sort of challenge to this from outsiders? Do I pick up a hint that an injunction might be in the wind? I hate to tread on anybody's dreams but worrying that royalties from an unfinished self-published work might fall into the wrong hands..?
Amendment to my question, my wife is self published and is near death. A basic will with me as receiving all property I believe would cover intellectual property and copyrights but not certain, she would like me to finish what she started without interference and doesn't want it to fall to public domain as we also have a child whom she'd like to have the benefit of receiving royalties down the road.
When I was under contract to a publisher, I asked the publisher how to prepare for the situation if I died while under contract. I just happened to be updating my will at the time. While this below does NOT address your question while she's alive, I believe jjariz answered that well. Here's my publisher's response (Disclaimer: it's been some years ago, plus the publisher was Canadian and I'm American, and neither of us are lawyers.):
"The contract remains in place and the royalties are paid to the estate. The estate, whoever you declare as executor, for as long as he/she controls the estate. He would then transfer that authority to your declared benefactor, who we would then deal with. We would have to be supplied with instructions from the executor with regards to who took over and where royalties should be sent.
When you have art for sale you should ALWAYS consult with a lawyer regarding them because it can be nebulous, and opens the door to a lot of mess if you don't. Usually the family ends up losing control if it is not specified, so please do include a clause regarding your intellectual property and copyrights. The wording and legal fine print will change from state to state and country to country, but in essence it's the same. Up here, there can also be an inclusion for the benefactor to renew the copyright on the work some point down the line so it doesn't fall into the public domain (unless you want it to be in the public domain).
It's sort of strange that this issue is never discussed in any forums or writing sites, because it should be."
She needs to execute a power of attorney naming you for decisions made before death. And she needs to name you in her will as entitled to receive all copyrights, trademarks, patents and residuals from intellectual property. Is this what she wants?
Why can your wife not finish her projects? What does her lawyer and editor say? If they agree and can explain this to her it should help. Maybe they could assure her they will put her money into a fund for her care is she is getting some sort of dementia. And protect her "name" and the integrity of her projects if she is concerned.
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.
Ask a lawyer to come and draft a will leaving you all of her property, both material and intellectual.
Are you anticipating any sort of challenge to this from outsiders? Do I pick up a hint that an injunction might be in the wind? I hate to tread on anybody's dreams but worrying that royalties from an unfinished self-published work might fall into the wrong hands..?
"The contract remains in place and the royalties are paid to the estate. The estate, whoever you declare as executor, for as long as he/she controls the estate. He would then transfer that authority to your declared benefactor, who we would then deal with. We would have to be supplied with instructions from the executor with regards to who took over and where royalties should be sent.
When you have art for sale you should ALWAYS consult with a lawyer regarding them because it can be nebulous, and opens the door to a lot of mess if you don't. Usually the family ends up losing control if it is not specified, so please do include a clause regarding your intellectual property and copyrights. The wording and legal fine print will change from state to state and country to country, but in essence it's the same. Up here, there can also be an inclusion for the benefactor to renew the copyright on the work some point down the line so it doesn't fall into the public domain (unless you want it to be in the public domain).
It's sort of strange that this issue is never discussed in any forums or writing sites, because it should be."