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My sister had a massive stroke two years ago. This woman also said she now has power of attorney over my sister but said she did it over the phone, can you please help me. My mom and I are trying to get her away from this woman and bring her home.
POA are not done over the phone. If your mother is not mentally competent to choose a POA. Then it is not legal. I would ask to see the POA if she doesn't show one or refuses. Call the police and have them come to the house and take her out. There has to be money or a house involved for this woman to want to be her caregiver. Don't tolerate it. Get this woman out of your family's lives.
A POA has to be notarized which has to be done in front of the notary unless they're crooked. Can't be done on the phone as far as I have ever heard. I'm a notary in FL and would or could never do this. Check with your clerk of courts in your county to see if it has been filed and what their rules are.
If you go down in person, will the caregiver be able to provide you with the POA? No document, then you may have a chance. May. The next part is would your sister Want to leave? No one can force your sister to move away. She will need to do it of her own free will. The only real solution is you have to Know for a fact, with back up documents - that your sister is being abused. You will need to decide the situation. Does this require APS (Adult Protective Services)? You can call it in anonymously. I do know for sure that you cannot go to this woman's home and try to force sister to leave. You will be "trespassing" and maybe "attempted kidnapping." As for getting POA over the phone, can that even be done? You would need a legal document stating you're POA and having BOTH your sister and caregiver Sign the Document. The key is really your sister. Will she want to leave that home and move away?
No such thing as a telephone POA. Why did you wait two years to object? When is the last time you visited your sister? Go for a visit, talk, offer to assist. It's never too late to care.
Call Adult Protective Services. they spend private time talking to her. She will ask for Power of Attorney, date of diagnosis. Believe me, this is the best thing. It's anonymous. I have a very vindictive brother who calls them on me all the time (he's pissed he isn't the Power of Attorney) & we do not get along. He is a taker & took advantage of her financially, etc. now there is a court order. And he calls maybe every 3 months; visits MAYBE every 4-6. It disgusts me.
Call the elder abuse hotline if there is a suspicion of abuse which brings me to what makes you think she is being abused? Can you visit or have someone visit her to support this claim? Good luck!
I agree with Kathleen. Based on what you've said, this doesn't pass the stink test. First thing I'd do is call Adult Protective Services. Tell them your concerns and they will investigate. Elder abuse is taken very seriously in the eyes of the law and should never be tolerated by loved ones. It can be financial, physical, neglect, withholding medications, or anything else that puts your loved one's well-being at risk. I had to call APS on my own daughter once because she was still living in our home and was being abusive to my mother. I love my daughter, but I won't tolerate anyone abusing my mom, not even her. They came and investigated and she even did one of the things we reported her for while the APS worker was here. Please let us know how things turn out for you and your sister. I'm glad she has you to look out for her best interest. Best of luck to you.
Did your mother ever give this woman POA that she recalls? There has to be a record of this and a lawyer involved. Demand to see the papers and if she doesn't produce them, then yes if she doesn't go willingly call the police and have her physically removed. Can you prove the abuse because if you can you could get Elder Care involved and they will definitely send her packing. I feel that this woman is calling your bluff and has a motive behind this. but either way the abuse has to stop!!! But you are going to have a lot on your plate when you bring your sister home, as I am sure with a major stroke there are disabilities. With that being said you will probably require some type of respite care from outside the home to help you and give you a break. But first things first get this abuse issue taken care of ASAP for your mother and your sister's safety. My heart goes out to you as no one needs this type of thing in their lives. Let us know how things turnout for you, good luck.
I imagine that if you demand to see the POA, the abuser will say she does not have to show them to you, and that may be true. She would *have* to show them to the Adult Protective Services people though! I think they are the best solution - call, explain the situation, and tell them you are more than willing to be the guardian or POA if sis is competent.
Everyone is right. There is no such thing as getting a Power of Attorney over the phone. They will interview sister first. Preparation takes 2-4 weeks, at least. Is your sister considered competent (I know a massive stroke can take away so many of her communication skills). Please call Adult Protective Services and an Elder Attorney for advice. If this woman is doing anything hinky, she could be put in jail, not allowed to assist your sister, and worse. I wonder about your sister's Social Security and assets. There is an organization called Agency on AgIng in every County. See what info you can get from them. I think you questioning this situation is very important. Just reading it gave. Me a pit in my stomach.
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.
I had to call APS on my own daughter once because she was still living in our home and was being abusive to my mother. I love my daughter, but I won't tolerate anyone abusing my mom, not even her. They came and investigated and she even did one of the things we reported her for while the APS worker was here.
Please let us know how things turn out for you and your sister. I'm glad she has you to look out for her best interest. Best of luck to you.
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