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.
Sveral things from attorney: Just bc someone has dimentia doesn’t mean they loss all their legal rights. People with mild and moderate dimentia are usually able to still maintain own legal rights. Who cares that they don’t recall date, where they placed something, what they last ate, three items to memorize, or who President is. Do they need to to function? No. That is irrelevant to legal rights to make a Durable POA. those are tests by doctor for home safety.
Many people can’t say these things and they do NOT have dimentia yet have all their legal rights.
An attorney told us to write a statement that correspondences with States’ Probate Code in CA. Law may be differnt in your State so look that up first. Read Code sections for laws on the definition of “competence” in estate planning. In CA It is that the Senior can recall who their family is, what they own (dimentia patients generally still know they own a home), nature of what a will, Trust, Durable POA do, and their decisions in estate planning and the consequences of their decisions when making estste planning documents like POA, Will, Trust.
The five daily living tasks are irrelevant in determining competence to make own legal estate planning decisions. This is because one may be fully physically paralyzed but have a brain fully healthy. So for estate planning under CA law in Probate code a person only needs the above I already mentioned.
Write a half page statement and have parent’s regular review it and doctor sign it. It should say similar to this: I Dr. _____ have seen patient ___ for more than seven years. Patient knows who her family is, what her property is, the decision and the consequences of making her will, POA, Trust, …. Then doctor signs and dates. Not a big deal. We get one two times a year from doctor so my mother can legally do things.
Most adult children are so fast to have doctor instead certify that parent is unable to care for him or her or incompetent. They do this, because most Durable POA only take effect when person is deemed incompetent by two licensed medical doctors at least thst is legal standard in CA. Look up in your State’s Probate Code definition of incompetent and competence for estate planning. It’s different than for contract law under a Civil Code.
And the adult child wants to handle things because they don’t like way parent does with lessened memory but then gets exhausted prematurely. Adult children need to stop rushing to get POA active so long as parent is safe. Memory loss isn’t necessarily unsafe. Take knobs off stove and oven if memory is a concern and parent uses those. They can operate microwave safely most times. Severe dimentia will come about and adult children will not be so exhausted when that time comes to fully care for parent.
If no doctors have certified your parent as unable to care for him or herself, then provide at an appointment a document as I mentioned above for Dr to sign that your patent is able to know his or her family, knows his property, understands nature and consequences of his or her decisions related to estate planning. Then this gives credibility to your parent is able to make a new Durable Power of Attorney or whatever other estate planning. You have a medical document saying they have their legal rights to do so to address anyone who may protest the new POA.
Again, all too often a family member says oh, parent can’t recall things so POA needs to be activated. That is irrelevant to estate planning rights under law. So long as they know who their family is, and all the above I previously stated, they still have own legal rights even if have dimentia.
I always caution people that when you need EXPERT medical or legal advice the people to see are the experts. Forums are full of opinions, and has some very very bright people, but in legal matters you cannot afford to take the wrong advice.
I sure wish you luck and hope you will update us on how you can approach this once you get good advice.
I can't figure out if you want to do all this or you're being coerced into accepting full responsibility. I'm not sure that a person who suffers from dementia can legally sign anything, but the lawyer does. You might also want to ask what you should do if you decide to resign from being "POA and every other designated anything."
Always have a "Plan B" so that you can choose to live your life, your way
I am so sorry for all the travail, the loss of your Sis, and now your Mom's worsening condition. I think you have a long history and will be great at managing things for the best for your Mom. Good luck.
How does Moms Will read? Does it leave her assets to you and sister to be split? If one dies then the other inherits? The only time it trickles to grandchildren is if its stated in the Will.
Are you POA because you were named secondary? Any compensation should be in the POA. Mom can no longer do a caregiver agreement. So if your sister was compensated, you can't be unless in the POA. Moms money can now only used on her. Yiu cannot profit in any way unless in writing.
But then, if your any only child and the only one to inherit, who is going to question wgatbyou do unless you file for Medicaid then you have to back up every withdrawal they question.
You would need to take your Mom to the CELA (certified elder law attorney) who would interview her regarding her capacity. If she has more than mild dementia, it probably won't fly. Memory is less of an issue than comprehension in this case. If the attorney deems she does not have capacity, then whatever legal documents she created prior are the permanent ones going forward (Last Will, Will, PoA, etc). She will no longer be able to "...modify an existing agreement or create a brand new one".