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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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My sister will not share my mother's finances. She claims that she alone is the POA of moms finances. She also claims that after mom passes, (her husband and myself are Executors) that she too becomes an Executor. Is this true?
Power of attorney ends at the principal’s death, so your sister’s power of attorney will end at your mother’s passing. As executor, you will have the responsibility of settling your mother’s estate, but the agent named in a power of attorney has no responsibility after the death of the principal.
POA is only while they are alive. DPOA is different in scope than just a POA. DPOA can do just about anything in the best interest of and behalf of the person. Keep in mind that most POA have a "hold harmless" clause that states that the person who is POA will not be held liable if things go wrong.
Executor/executrix is named in a will starts when they die and you go into probate.
If you are holding a joint POA, you should have a copy of it. If you don't the attorney who drew it up should have a copy of the POA, wills, codicils, etc. in their office, Most attorneys hold the originals on behalf of the client (this makes filing probate, etc. easier). This is standard and included in the fee paid to do the paperwork. Even if it's decades later.
If mom is still cognitive and capable, she can change the POA's. If so, pleaseconsider getting the following done or updated: - a Statutory Durable Power of Attorney (a Financial Power of Attorney) - Medical Power of Attorney - Living Will - Declaration of Guardian in Event of Incapacity - HIPAA Waiver Good luck
dlmpam2010, what a story! I am with you, it just isn't worth all the fuss. many people on this site have such awful issues with siblings and parents, me included. I have decided to just distance myself and if Mom needs me she will let me know. I have been treated like an outsider. Alot of "whose in charge" going on. No more for me. I, unlike you, hardly talked to my Mom. I am tired of it all. She will be well taken care of and that is all that matters at the end of the day. She has alot of money, never spent a penny on anyone except herself, so she is set for AL or NH should she need it. My brother has all the power and, as I see it, all the responsibility.Unless there are millions at stake, I think sometimes alot of people need to just let it go. I am trying to and my life is much better.
It is a very sad commentary on family life in our country. Its always about the money. Someone who is afraid a sibling will get more than they will after the death of the parents. Have we as a society really become that greedy. Take the money and spend as much as needed in providing the best life possible for your mom in her final days. Then let the bickering begin and make the attorneys earn their fees. Have a Great Day.
Yes, you can have two people named on a POA, not advised because of possible conflicts, but you can do this. It is advised to name an "Alternate" POA in case the person named POA decides he/she doesn't or can't perform their duties or just dies. If they die and there is no Alternate, then there is a problem.
Dlmpam: It appears that you and your sister a great siblings! Tell her to get a life, and stop the nonsense. She should know that any lawsuit, frivolous or not, when lost, has to be paid for ( including attorney's fees) by the losing party. A strong letter from your lawyer to her may stop the ridiculous shenanigans that she loves to indulge in.
POA's responsibility is over when the person dies. Only the person that is named on the bank account with your mother as co-owner will be able to do anything with the money. BUT your sister can wipe out whatever money she wants BEFORE your mother dies and you have no say in that unfortunately.
POA is done when the person dies. Executor is in charge of estate and finances at the end of the person's life. Your sister is not to bright and is claiming things that she is totally unaware of. Best to speak only when you know what you're speaking about.
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.
POA is only while they are alive. DPOA is different in scope than just a POA.
DPOA can do just about anything in the best interest of and behalf of the person.
Keep in mind that most POA have a "hold harmless" clause that states that the person who is POA will not be held liable if things go wrong.
Executor/executrix is named in a will starts when they die and you go into probate.
If you are holding a joint POA, you should have a copy of it. If you don't the attorney who drew it up should have a copy of the POA, wills, codicils, etc. in their office, Most attorneys hold the originals on behalf of the client (this makes filing probate, etc. easier). This is standard and included in the fee paid to do the paperwork. Even if it's decades later.
If mom is still cognitive and capable, she can change the POA's. If so, pleaseconsider getting the following done or updated:
- a Statutory Durable Power of Attorney (a Financial Power of Attorney)
- Medical Power of Attorney
- Living Will
- Declaration of Guardian in Event of Incapacity
- HIPAA Waiver
Good luck
A strong letter from your lawyer to her may stop the ridiculous shenanigans that she loves to indulge in.
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