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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.
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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.
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Mostly Independent
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No, she does not have guardianship. She has power of attorney - he has given her the authority to act for him. She retains that authority until his death (the "durable" part), and if or when he loses mental capacity and can't act for himself, she takes charge of decisions.
Guardianship is more of a nuclear option. For example, if a DPOA wasn't being used properly then somebody else could apply to the court for guardianship which would then override the DPOA.
It depends on the wording of the document. My mom's POA was valid the day it was signed and I acted for her for many years simply because it was convenient for both of us. Some documents specify that they only become valid when the grantor becomes incompetent. Lack of competency usually needs to be affirmed by qualified doctors.
My mistake, I meant he nominated his wife in the durable power of attorney to be his guardian. My question is does that mean she automatically has guardianship of him or does the matter still have to be decided by a judge in court?
Your brother would have appointed an executor to carry out the wishes stated in his will. It is possible that at the same time he drew up another document to give his wife Power of Attorney, Health Proxy or a similar authority during his lifetime.
It is quite usual for married couples to get all of this important family admin. out of the way in one go, and create mirror wills and powers of attorney so that either can act for the other as the need arises. In a good, stable marriage it's just a practical approach.
What your brother won't have done is nominate a guardian, specifically. A guardian is a person appointed or confirmed by a court, and will be either somebody who has applied for guardianship or somebody selected by the court to take responsibility for a person who can't act for himself and needs to be protected.
Does your brother need someone to act for him, and you're not sure if your SIL has the legal powers she needs to do that?
I think you are muddled up about the process. A Will only comes into play after death. A POA (power of attorney) is a document that grants another person the ability to act on your behalf during your lifetime. Sometimes a POA only comes into force after you have been proven to be incompetent and sometimes they are in force the moment the ink is dry, but since the person who is granting the power is still competent at that point they obviously have the final say about any decisions that need to be made. Legal Guardianship should not be needed unless someone failed to appoint a POA or there is some question of malfeasance on the part of the POA.
Such request should not be placed in a Will, as a Will only becomes active after the person dies.
I would highly recommend that your brother and his wife make an appointment to talk with an Elder Law Attorney to see what is the best route to take. The wife can be her husband's Power of Attorney when the time comes when he is unable to make decisions for himself. There are also other legal documents that the Attorney can explain.
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.
Guardianship is more of a nuclear option. For example, if a DPOA wasn't being used properly then somebody else could apply to the court for guardianship which would then override the DPOA.
What's the situation you're having to deal with?
Your brother would have appointed an executor to carry out the wishes stated in his will.
It is possible that at the same time he drew up another document to give his wife Power of Attorney, Health Proxy or a similar authority during his lifetime.
It is quite usual for married couples to get all of this important family admin. out of the way in one go, and create mirror wills and powers of attorney so that either can act for the other as the need arises. In a good, stable marriage it's just a practical approach.
What your brother won't have done is nominate a guardian, specifically. A guardian is a person appointed or confirmed by a court, and will be either somebody who has applied for guardianship or somebody selected by the court to take responsibility for a person who can't act for himself and needs to be protected.
Does your brother need someone to act for him, and you're not sure if your SIL has the legal powers she needs to do that?
I would highly recommend that your brother and his wife make an appointment to talk with an Elder Law Attorney to see what is the best route to take. The wife can be her husband's Power of Attorney when the time comes when he is unable to make decisions for himself. There are also other legal documents that the Attorney can explain.