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Who are you caring for?
Which best describes their mobility?
How well are they maintaining their hygiene?
How are they managing their medications?
Does their living environment pose any safety concerns?
Fall risks, spoiled food, or other threats to wellbeing
Are they experiencing any memory loss?
Which best describes your loved one's social life?
Acknowledgment of Disclosures and Authorization
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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The exact words are important. Making a misteak in wording can bite you, We got a packaged service from out elder affairs attorney which included a large number of estate documents and plans for care. You may find yourself dealing with interstate tasks.
No, you do need a Lawyer to prepare a DPOA. However, filling out a form is not the reason to consult with a lawyer concerning not only the DPOA but also the other planning documents necessary to appoint a trusted individual to carry out your financial and health care directives. There are additional provisions that should be considered, and issues most have not considered. When you need a great estate or disability plan, it is to late. The issue with DPOA is that most financial institutions like banks and credit unions will not accept a DPOA for someone other than yourself to transact financial transactions, such as sign checks or make a withdrawal. You are not paying a lawyer to fill out a form, but rather to take advantage of their years of experience. Just make sure the lawyer you choose has experience in dealing with both disability and estate planning.
In our state MN they have the DPOA and Health Care Directive documents right there on the State of MN Secretary of State website, along with some very helpful information on why & how to fill them out (who to name as your representative). The reason they put those forms on there is exactly because our state WANTS average people to be able to have the benefits of these forms, without having to pay what could be a lot of money to an attorney. Simply decide whom you want to name, print out the blank forms, fill them out, and having them Notarized and witnessed. They say right on the forms to have several original Notarized copies completed, and to keep the originals in a very safe place. As far as any forms that your state's DHS might be wanting, I'm not sure what you are asking. Maybe you could give a little more info on that part of your question.
You are asking two questions I believe. The first, yes, a person does not need an attorney to make a medical power of attorney. In AZ, we actually have a website where one can print off documents to make them your own. Just have them notarized when signing. UPS actually will notarize these without having to establish competency. Banks will not when an issue of competency is involved.
I did a DPOA on Legal Zoom dot com. It was free. I did it in preparation for visiting an elder law attorney. I wanted to get the most out of my time with her, so I didn't want to waste any of it with stuff I could just as easily accomplish myself. Legal Zoom takes you through the whole document and clearly explains the ramifications of each choice you make. So, I'd say don't pay a lawyer for a simple DPOA, but DO invest in an hour with a specialized lawyer. Go prepared. Don't pay for the time it will take the lawyer to sort out why you're there. Bring with you as many documents, facts, and figures as you can gather and organize.
Very good advice to "go prepared" as IsntEasy stated. In addition to having as much info /details at the ready before your visit, also make sure you understand the lawyer's billing practices. Are you billed hourly or a flat fee, if flat fee to prepare DPOA, what is their charge 2 yrs later if a name needs changing? Are you establishing a continuing relationship whereby you or other family can call them a coupke years later, and if so, who will be paying the bill for each and every phone call? Last point is a big bone of contention in our family (lawyer bills parents & expects paid for phone calls not authorized by parents!). Be very clear beforehand who is allowed to be racking up a bill with the lawyer. Some lawyers just love family dissension, they can let it simmer & boil over and make lots of money fielding all thoee burning questions. Make sure you have any lawyer on a leash otherwise you could end up with unexpected bills like my folks did.
I don't wish to sound bitter, but this is the conclusion I have come to about almost all formal contracts, documentation and the like. One, you do need a lawyer. Two, you yourself need to pay close attention to what the lawyer advises, think it through, and be certain in your own mind that the advice has taken into account the details of your own situation.
Life is a minefield of unanticipated complications and unintended consequences; and even good, well-intentioned lawyers can inadvertently make boo-boos that stop a long, long way short of negligence while having enormous impact on how things turn out.
So while you need their legal expertise - because how do you know what it is that you don't know? - the responsibility and the consequences in real life land on you, the client. Work with your lawyer, but do not expect her/him to read your mind or know the future.
In this particular instance, where we're talking about DPOA, the client will of course be not you but your parent; presumably an elderly parent. This makes it all the more important that he or she receives clear explanations of what is going on and what powers he or she is bestowing on the person or people being appointed, so choose the lawyer with care. It constantly amazes me that people breeze into the realm of POA like it was nothing. When you give power of attorney to someone you are potentially placing the remainder of your life in that person's hands, for Heaven's sake! - it IS a big deal. Treat this process with the respect it is due.
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.
The reason they put those forms on there is exactly because our state WANTS average people to be able to have the benefits of these forms, without having to pay what could be a lot of money to an attorney. Simply decide whom you want to name, print out the blank forms, fill them out, and having them Notarized and witnessed. They say right on the forms to have several original Notarized copies completed, and to keep the originals in a very safe place.
As far as any forms that your state's DHS might be wanting, I'm not sure what you are asking. Maybe you could give a little more info on that part of your question.
So, I'd say don't pay a lawyer for a simple DPOA, but DO invest in an hour with a specialized lawyer. Go prepared. Don't pay for the time it will take the lawyer to sort out why you're there. Bring with you as many documents, facts, and figures as you can gather and organize.
In addition to having as much info /details at the ready before your visit, also make sure you understand the lawyer's billing practices. Are you billed hourly or a flat fee, if flat fee to prepare DPOA, what is their charge 2 yrs later if a name needs changing? Are you establishing a continuing relationship whereby you or other family can call them a coupke years later, and if so, who will be paying the bill for each and every phone call? Last point is a big bone of contention in our family (lawyer bills parents & expects paid for phone calls not authorized by parents!). Be very clear beforehand who is allowed to be racking up a bill with the lawyer. Some lawyers just love family dissension, they can let it simmer & boil over and make lots of money fielding all thoee burning questions. Make sure you have any lawyer on a leash otherwise you could end up with unexpected bills like my folks did.
Life is a minefield of unanticipated complications and unintended consequences; and even good, well-intentioned lawyers can inadvertently make boo-boos that stop a long, long way short of negligence while having enormous impact on how things turn out.
So while you need their legal expertise - because how do you know what it is that you don't know? - the responsibility and the consequences in real life land on you, the client. Work with your lawyer, but do not expect her/him to read your mind or know the future.
In this particular instance, where we're talking about DPOA, the client will of course be not you but your parent; presumably an elderly parent. This makes it all the more important that he or she receives clear explanations of what is going on and what powers he or she is bestowing on the person or people being appointed, so choose the lawyer with care. It constantly amazes me that people breeze into the realm of POA like it was nothing. When you give power of attorney to someone you are potentially placing the remainder of your life in that person's hands, for Heaven's sake! - it IS a big deal. Treat this process with the respect it is due.