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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.
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.
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Your loved one may not require home care or assisted living services at this time. However, continue to monitor their condition for changes and consider occasional in-home care services for help as needed.
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You can download a Durable Power of Attorney and other forms from the internet. Make sure the wording is appropriate. They can be registered but they do not have to be. Signature needs to be notarized or guaranteed. It's very simple.
I was able to get a up-to-date NYS POA form from my bank. It doesn't have the Major Gifts Rider which may or may not be needed.
Just be sure the form you use is the most recent. NYS, for example, did a major rework in 2009, then again in 2010 as I recall. The more problems/fraud, etc, the more specific the forms can become.
Forms from a stationer are better than nothing, but always omit useful powers such as the power to transfer assets for Medicaid planning! Thus, be aware that the basic forms you can buy cheaply are just that: basic. Again, better than nothing, but depending on what happens down the road, you may be sorry you didn't pay an attorney $150 for a better form.
The BEST way is to go to an elder law attorney and get financial, medial powers of attorney and a HIPPA release. It should only cost a couple hundred dollars, but is worth having everything done correctly at once. Then make copies and keep them in your car so you'll always have them.
You should also take into consideration getting an advanced health directive in order to make health decisions for her. I have copies for my mother's POA and Health Directive scanned into my computer and I am able to print them off and take them with me every time that I take her to a new Dr. or hospital.
I agree with printing off a form from the internet. I was at the VA in Tampa when I got the notion to initiate a POA. I printed it off at the VA and I took it to the bank at the VA and got int notarized. My husband was confused enough to sign it. Total cost about $2.00. I didn't use it for another year or so but it was ready when I was.
By virtue of age and financial circumstances, we were able to qualify for help from the local legal aid agency. I think having an actual attorney help with POA, wills, etc., we are on safer ground than a DIY project.
In your area, the agency you might want to look into is South Coastal Counties Legal Services. Good luck.
Best bet is to contact an elder care attorney to make sure you've covered everything. Shouldn't cost more than $150-200. Additionally,you'll have developed a relationship should you need more help down the road. I was fortunate to know one who provided me with the forms gratis for use by my Mom but her situation was fairly simple:very few assets, no real estate, fixed income, etc.. I brought a Notary to the rehab facility and Mom signed the forms.
Funny, but I've used the POA several times but no one ever reads it. Also, it's a good idea to have a secondary POA in case something happens to you.
I cringe when folks bring in the self made POA's... and omit wording for assets, durable, etc. ( sometimes it is too late!) If you live in GA The State does have a good ADV Health Care Directive free, but I refer my clients to a very REASONABLE Elder Attorney for the legal, needs if required when working With them on VA and Medicaid Planning. You don't know what you don't know until you find out what you didn't know then, now.
As an Estate Planning Advisor, we review a lot of POA's. Since 80-90% of the attorney created docs are poorly worded...I would never think about an off the shelf document...unless there are NO assets....then maybe. POA's can be state specific...although some states will accept another's POA. We prefer separate Financial POA and Medical w/ HIPAA release wording. Even if the attorney states they are an elderlaw attorney, see if they belong to the National Academy of Elder Law Attorneys or if they are a Certified Elder Law Attorney. These attorneys usually spend more time keeping up with constant changes. FYI, don't cut corners with garbage off the shelf document...the agent may end up with their hands tied...especially if there are assets. You may need to do asset protection moves with the assets....but can't with poorly worded doc's. And if the parent becomes demented...the oportunity to get new corrected docs is gone...stuck with what you have. Good Luck!
Hi there, we did ours ourselves. We both signed it, then had it notarized and ours required 2 witnesses. (I'm in Florida). It becomes a legal document (so many people spend money for this, and you don't have to). We made plenty of copies and have used it at 2 banks and all of my mother's Dr's offices. It was accepted by social security and medicare, so I am able to talk with them to handle all of mom's affairs. You could go ahead and file it, if you think there is anyone in your family that may question it. Ours is 7 pages, and the local courthouse here charges 6.00 per page to record a document. So it isn't expensive. There is an article somewhere on here about doing your own DPOA. Good Luck with everything!!!
On last comment....80-90% of doc reviews we do have old language from old forms, don't have proper, up to date language on trust creation and gifting...(in Pa). No ability to do any asset protection to preserve assets for spouse or future options. Mainly for those with assets.
I used a form from Rocket lawyer. (Tx) it has worked for bank, credit union, investments and insurance. Must be notarized. Read carefully. The first one she signed required a doctor to certify she was incompetent. When she began to have dimentia problems I found the one on the Internet that was immediate and did not require her to be incompetent and she signed it replacing the first one. I did not have to start using it for a year and I am glad I did it because she can absolutely not handle her finances. I did ask for a letter from her doctor stating that she was not capable of making financial decisions and got the letter for my file. You may need it. ..Also I keep very detailed spreadsheets of her income, expenses and investments, prepare a regular finance statement and send to my siblings so they do not have to wonder about the money. It is for her care...not my use. Good luck.
I got forms on line at LEGALZOOM. Marked the items they needed to initial (so the didn't have to initial things that didn't apply to them, took it to our bank to have them sign and get notorized. Thank God I did it when they knew what they were signing. ( no guilt for me). Less than a year later I would have been helpless to take care of their business transactions. Both were getting unaware of what was going on, and my step dad took his life soon after. I say to anyone who knows it will be their job, DO NOT DELAY! (you won't regret having it in place.). My best to you and yours. Caregiving is not for sissies, really!
Johnny, I suggest you start your own question to avoid confusion between answers for you and those for rudster66. I hope you are able to help your friend.
I recommend one that is drawn up by an attorney. For GOSH SAKES do not allow them to draw up a springing type for an elder nor one requiring doctor to declare incompetency....when the chips are down; many physicians or even psychiatrists are reluctant to do so for fear of legal backlash. This happened to me.
Secondly, although banks, etc may recognize the POA, some healthcare and AL/memory care facilities will have their own lawyers review and may not accept one that is "less than legal" or has odd wording that could be legally challenged and therefore may reject your senior as a resident candidate or cannot keep the resident if they subsequently protest and want to leave. Then you have an expensive court battle to straighten it out and get them to stay.
Go to Counsel on Aging in your home town. Sometimes they have lawyers who will do legal services for free or a very low fee. Use a Lawyer! I have DPOA for medicial and financial for my mother from her lawyer. Those online documents are garbage compared to what I have.
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.
Just be sure the form you use is the most recent. NYS, for example, did a major rework in 2009, then again in 2010 as I recall. The more problems/fraud, etc, the more specific the forms can become.
In your area, the agency you might want to look into is South Coastal Counties Legal Services. Good luck.
Funny, but I've used the POA several times but no one ever reads it. Also, it's a good idea to have a secondary POA in case something happens to you.
oportunity to get new corrected docs is gone...stuck with what you have. Good Luck!
(so the didn't have to initial things that didn't apply to them, took it to our bank to have them sign and get notorized. Thank God I did it when they knew what they were signing. ( no guilt for me). Less than a year later I would have been helpless to take care of their business transactions. Both were getting unaware of what was going on, and my step dad took his life soon after. I say to anyone who knows it will be their job, DO NOT DELAY! (you won't regret having it in place.). My best to you and yours. Caregiving is not for sissies, really!
concerned friend
Secondly, although banks, etc may recognize the POA, some healthcare and AL/memory care facilities will have their own lawyers review and may not accept one that is "less than legal" or has odd wording that could be legally challenged and therefore may reject your senior as a resident candidate or cannot keep the resident if they subsequently protest and want to leave. Then you have an expensive court battle to straighten it out and get them to stay.