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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.
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Our attorney drew up a "resignation of POA duty" form, had the #1 POA sign, and filed it at the courthouse where the first document was filed. I use a copy of the filed registration AND, a copy of the filed original when I have to present my papers for business. Banks require additional paperwork in some cases.
Sorry, I meant to say he now wants out of the POA. Do I do anything special or do I just move automatically into no 1 spot. Please be patient with me since I only had 6 months of college education and my brother doesn"t think I'm able or even want to take care of my 88 yr. old mind, My wife and I will live in our backyard if need be
My brother now wants out of being the POA. Do I have to do anything special or do I just move to the POA position. Please be patient with me all of you because I only had 6 months clooege educat and doesn't think I'll take care of my mom. Money or no, she's my mom and if I have to live in a tent in the backyard, my wife and I will do so.
I guess the main point is this: a POA is already in place, and hasn't been deemed unwilling or unable. Being number 2 means nothing -- that "appointment" doesn't exist, since in reality, that appointment doesn't legally occur until after #1 is removed, and it is only "arranged for" as a secondary remedy. In most instances, the person(s) named as secondaries rarely ever take power anyway.
You have absolutely no standing at all, until or unless #1 is unwilling or unable to perform his/her duties. Period. It also sounds like you really resent that bro has been "taken care of" by mom, clearly for taking on the responsiblity of being POA. Don't you think he should be GREATLY compensated for handling all of this? If not, you need to spend some time reading the posts on this site from people who ARE providing care. It's the hardest job on the planet, and I guarantee you -- most of mom's estate will be spent on her care, so there probably won't be much left anyway. And if there is any left, bro and whoever else cared for mom should be the ones getting it, not you.
Thanks cmagnum. We're not on speaking terms although I've tried to convince him to put all else aside and work together for our mother but he wants all her money. That's the only explanation I have for him not speaking to me because he just stop. No reason for him to do so but obviously he has some problem with me and I don't know why and he won't say. I hate family money issues and don't care about the cash except for the fact that he and his family abuse her by not bothering with her, and she lives next door!. The abusers will benefit when she's gone and I'm not happy about that. I'd rather lawyers get it all and not him. His whole family, kids and grandkids are set for life as it is. I've told my mother over the years to spend it all but to no avail. She can spend 1/2 of it and still live very comfortably. I've been financially underwater for years and told, rather asked her if she could find it in her heart to give me 1/2 of what she wanted to leave me now and then I'd be able to afford a bigger place and have her live with my wife and me. Sorry to say to find it in her heart means she has to find her heart first. Sounds harsh but I have been dealing with a very vengeful person my whole life, 64 years. It is what it is. Thanks
By #2, I gather that you mean that you are the backup person in case #1 can't fulfill his responsibilities? Is that how the POA is worded? I'm not sure what you mean but legal standing, but if you are the back up person, then your legal standing only kicks in when he can't do his job or decides to step down from it.
However, that is not the same as when two people are co-POA with equal standing with actually causes a whole lot of problems because then both have to agree about everything.
How is your relationship with your brother? Are you on good speaking terms with him or is their some ongoing conflict that has continued since childhood? I hope you can decide to work with each other and support each other in making sure that your mother is cared for and safe. That's the main thing anyway.
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.
Thanks
Take care.
However, that is not the same as when two people are co-POA with equal standing with actually causes a whole lot of problems because then both have to agree about everything.
How is your relationship with your brother? Are you on good speaking terms with him or is their some ongoing conflict that has continued since childhood? I hope you can decide to work with each other and support each other in making sure that your mother is cared for and safe. That's the main thing anyway.