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
[email protected] 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.
*If I am consenting on behalf of someone else, I have the proper authorization to do so. By clicking Get My Results, you agree to our
Privacy Policy. You also consent to receive calls and texts, which may be autodialed, from us and our customer communities. Your consent is not a condition to using our service. Please visit our
Terms of Use. for information about our privacy practices.
The person has died. There is no case that can be brought now. The case would have to be brought by the person, by the person's executor if there is EVIDENCE of fraud, that is to say EVIDENCE that this money was not placed in any account of the seniors. There then might be a case on behalf of the Estate. If you are executor take your EVIDENCE to your Trust and Estate Attorney or probate attorney.
The amount may have been spent on the senior.It would be difficult, without accessing the POA records, to ascertain this. I don't know if a POA , whose duty is done with the death, has to keep the records of his accounts of any amount in and any amount out of the seniors accounts for a certain number of years. That's for you to ask the attorney and for the attorney, with his or her expertise, to let you know.
Good luck.
Suggestion. Not legal advice.
If this person was on Medicaid in home or in a facility, they are only allowed a small amt of assets. Cash in value is an asset. As a POA I had to prove I had a right to cash in the policy. You just don't call an insurance company and say I want to cash in this policy.
As said, if this person was a POA and the Executor is someone different, the Executor can ask for an accting from the POA. Any beneficiaries can contest the final probate accting. If you are one of tge beneficiaries then you have a right to ask where the money went and why.
Can a person with PoA cash in a life insurance policy...
Yes, if that authority is active due to the agent being officially incapacitated and the PoA is given that authority, which would be listed in the PoA document.
The second part of that question:
"...and keep the money from someone who had full dementia"
Are you sure the PoA didn't cash it in to pay for their care in a facility or cover other of their living expenses? What do you mean by "keep the money from"? Should a person with dementia have access to a large quantity of money? The active PoA decides if this is wise, and apparently they decided it wasn't.
Just because the policy was cashed in doesn't mean the PoA had greedy intentions... it might have to have been used in order to pay down to qualify for Medicaid.
If you believe it was theft then take your hard evidence to an attorney, who will then decide if there's a case. If there's not, you pay the attorney. If it goes to court and you lose, you pay the attorney out of your own pocket.
These are suggestions and not legal advice.