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.
In Oregon, having GS did not allow one to do anything with assets -- including retirement funds. That required a conservatorship (CS). The state laws mean GS is the physical person, POA is short term financials, and CS is assets (including retirement accounts). Other states have their own ways and definitions. For example, in our state, if a clause to change retirement accounts is not SPECIFICALLY written into a POA, then it is assumed it is NOT allowed regardless of how any other generalities are written. For the required details to make a very strong POA, it requires very, very long POA documents. Which of course increases the price to have them prepared and properly filed.
DH had MIL as a ward so hopefully this suggestion might help without additional major expenses. IMO, send a copy of the Letters of Guardianship (and/or CS) via certified mail with signature required along with a letter stating that they are to not to contact mother as her rights have reverted to the guardian. I would include a copy of a roll-over form asking the funds be transferred from one retirement company to another and that any delay will result in consult with an attorney instead. I'd give a deadline of xx number of days to contact you back to make arrangements and then, if there is delay, go to an attorney.
Good luck.
You probably had a lawyer help him get the guardianship, so run this past them. When I was a legal guardian, I don't remember it even being an option to transfer my mother's funds from one investment company to another. I could leave the accounts be as long as she didn't immediately need the money, or I could close them and deposit the check, which was always in her name, into her guardianship bank account. Maybe transferring to another investment is an option for you, but it's just tricky enough to warrant paying for an hour of your lawyer's time.
You might also just be dealing with a low-level clerk who doesn't understand what guardianship means. I ran into this frequently, notably with social security. I had one clerk yelling at me over the phone because she thought I was making it up. You really run into all types. So you might try to get a response from a more senior person at the company, someone who might be more familiar with the law. And yes, get your lawyer to contact them if need be.
Unfortunately this company is ignoring a legal guardianship. That's actually against the law. But to handle this you unfortunately need an attorney again. They need the threat of a suit and reporting to commissions in charge of their licensure.
I also work in a financial company, and we process guardianship and POA paperwork all the time. This company is just trying to wear you down to conserve the business.