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.
One thing that one should have in their POA is the actual address of the house they own. So many POA's are written without that information which can cause a major delay here in my State.
My parents' old POA's were older than dirt and State laws had changed over those decades. Thank goodness they also updated their Wills, otherwise it would have been a disaster.
So it all comes down too...read your Financial and Healthcare POAs very carefully.
So, hopefully the lawyer your parents used is still around. Just have him write a letter saying she was of sound mind at time POA was assigned and that as of now, suffering from Dementia, can no longer make informed decisions so her POA would be effective. If that lawyer is not around, then any lawyer should be able to say that a POA cannot be assigned if the person was not competent to do so then going on to say that the person has now been found incompetent. Get a letter from her Dr. Stating she is incompetent.
I just looked at my Moms and nephews POAs. There is nothing in the writing in these POAs that say either are competent to assign a POA. Both drawn up in the same state by different lawyers.
Moms says POA but she is given the choice when she signed to make it Immediate or Springing. She chose immediate so maybe that is why the POA was never challenged. Her Medical reads "DPOA for Medical". My Nephews reads DPOA and the word Immediate is used. His medical reads "Advance Directive for Healthcare" and that is only effective if he is incompetent or not able to make decisions because...maybe he is in a coma.
So, its very important that you read your POAs. Mine says I have the right to sell. But I have never heard you have to prove they were competent at time of assigning POA. If this is a new law, I would say anything written before that law does not count.
In my experience, title companies can and do request additional information, but again in my experience, that info has generally related to encumbrances. I think it would be up to the title company to establish what it requires as additional documentation. - it is in fact the company that's taking the risk of ensuring valid title.
You might also want to contact a different title company to see if it takes the same position.
Do either of the documents specifically include a provision affirming that the parents are of sound mind and qualified to execute the dox?
There's another issue though, and that's whether the second document SPECIFICALLY rescinded and rendered invalid the first document. That could create enough question in the title company's review to make the demands it has made.
I just recently had both my POA's(medical and durable)done by a local attorney and he not only asked me which I wanted, but also recommended that I do the Durable so my children could act on my behalf immediately, and not have to wait for any documentation from doctors.
I can only guess that since the Title Co. has refused said POA, that it must be a Springing one.