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I am POA for my Mother, but my brother is POA "in my absence". This seems problematic. What if I'm available by phone, but out of town. What if my brother and I are not in agreement?
I doubt that the word ABSENSE means he has control if you don't answer the phone or you are gone for a day. If you die or are totally incapacitated then POA would pass to him.
Sometimes there is more than one POA. This is fine if everyone is on the same page. Otherwise it can lead to a family feud. From what you write, it sounds like you are the primary and your brother the secondary. Maybe you can work it with your brother to run things by you first if there is something you might question. That will keep any conflicts down and make record-keeping a lot easier.
Good Lord, this is timely for me! My brother and I had a huge blow up just this morning over him disagreeing with a medical decision I made on our moms behalf. I am primary DPOA - covers everything - money, medical, miscellaneous etc. my brother is listed as secondary. The language is "If Rainmom shall become unable to serve or to continue to serve as my Agent, then I appoint Ass @&$ brother as successor". Even written as is, brother and I go round after round over things until I finally have enough of trying to get him to act like a reasonable person and say " it's my decision to make." Family dynamics can be so complicated. I am the youngest and the only girl. I was Daddy's little girl until the day my dad died - which my brother always resented. He has been my mothers favorite - which I couldn't care less about. But my brother bullied me relentlessly from childhood until my 20's by which point I only saw him at Christmas. Now that mom is on her way out he is back in my life unfortunately - still trying to bully. Now I'm a grown woman and won't put up with it. Our situation dealing with mom would be intolerable if there wasn't one person clearly in charge. And one of us may yet kill the other before this is over! Good luck to you!
As JessieBelle suggested co-POA's can be tricky sometimes. Someone doesn't pass along information soon enough, someone makes a decision without consulting the other person and you end up with a problem on your hands. My suggestion would be that you keep the lines of communication open and ensure that both parties understand their place as co-POA.
The POA would have been better written if it read something like, "if Lamama is unwilling or unable to act...."
In my opinion, especially in all financial matters, your brother would have a very difficult time exercising the DPOA as written. Not sure I'd worry about it.
This doesn't mean, though, that he should be kept in the dark...that you shouldn't ask for his input...that you shouldn't give his position respect...that you shouldn't be transparent.
I agree with Windy above, regarding "in my absence" to mean if you are unable to function as POA due to a serious illness where you can't communicate or death.
lamama, from what you wrote you are the primary POA and will continue to be the primary POA even if you are half way around the world and have communication available.
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.
In my opinion, especially in all financial matters, your brother would have a very difficult time exercising the DPOA as written. Not sure I'd worry about it.
This doesn't mean, though, that he should be kept in the dark...that you shouldn't ask for his input...that you shouldn't give his position respect...that you shouldn't be transparent.
lamama, from what you wrote you are the primary POA and will continue to be the primary POA even if you are half way around the world and have communication available.