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How do I get name off dpoa very urgent this was done very sneakingly in the hospital when my mother was on meds. this was not the right time or place to do this, and when I ask my mother the next day if she remembered what she did she said no!
Churchmouse, if she were on drugs yesterday and clear-headed today, that would make a difference.
Does your mother want to change the POA? She can easily do that, invalidating the earlier one. If your mother is satisfied with the document, even though she doesn't remember doing it, then what is the urgency here?
It seems to me that all your signature as a witness means is that you saw your mother sign the document. But I thought the witness must be a notary or two adults not related to the principal and not named as the POA. So, what was your role in signing this document?
GA, if the proper use of powers of attorney is not ultimately overseen by the courts or by governmental authorities, how is it policed?
Whatever the background intentions, good or less so, the persuading of an older person on drugs to sign a DPOA IS elder abuse.
Creating a new DPOA would invalidate the first, this is true; but if the lady were not fit to create it yesterday why should she suddenly be up to the job tomorrow?
I would avoid involving any judicial or governmental authority as I think that would only complicate the issue and perhaps inadvertently invite consideration of guardianship. I'm not even sure who would be contacted. Probate wouldn't get involved w/o a petition to institute some kind of proceeding, but the POA can be cancelled much more cleanly and privately by executing a new one.
I don't know about CM's government, but I sure wouldn't want any local government agencies meddling - this could be the grounds for charges of elder abuse, and given that you freely witnessed the document, you might find yourself in an unpleasant situation.
In my experience, I've never known anyone to invalidate a POA, but what I would do, just based on past legal experience, is
(a) contact your or your mother's attorney if you have one and get a new POA executed. Then notify whoever was identified as proxy that the POA has been revised and that person is no longer being asked to serve. That could take time though.
(b) Have your mother print right across the POA and above her name that she was (i) on medication administered by the hospital at the time and (ii) doesn't remember signing it (iii) nor would she have signed it had she not been medicated and not cognizant of what she was doing.
The proxy should also be notified if this is done as well.
I'm emphasizing that this is just based on what I believe an attorney would do; I've never seen this actually happen.
I think there are some larger issues though, and they are:
1. Why did someone at the hospital pressure your mother to sign? This surprised me as I would think they know enough about POAs not to push anyone to execute one.
2. Who was appointed proxy, and is that why you're also objecting?
I suspect there might be a backstory to this, which is one of the reasons I'd keep authorities out of the picture.
What possessed you to sign your name as a witness if you weren't satisfied that your mother was able to understand what she was doing?
I don't know who you have to contact, but there will be an appropriate judicial or governmental authority in your area to whom you must report what has happened without delay. This will, I would expect, automatically invalidate the whole document, which isn't what you asked, but I can't imagine you'd want it to stand 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.
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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.
Does your mother want to change the POA? She can easily do that, invalidating the earlier one. If your mother is satisfied with the document, even though she doesn't remember doing it, then what is the urgency here?
It seems to me that all your signature as a witness means is that you saw your mother sign the document. But I thought the witness must be a notary or two adults not related to the principal and not named as the POA. So, what was your role in signing this document?
There must be a backstory here.
Whatever the background intentions, good or less so, the persuading of an older person on drugs to sign a DPOA IS elder abuse.
Creating a new DPOA would invalidate the first, this is true; but if the lady were not fit to create it yesterday why should she suddenly be up to the job tomorrow?
I don't know about CM's government, but I sure wouldn't want any local government agencies meddling - this could be the grounds for charges of elder abuse, and given that you freely witnessed the document, you might find yourself in an unpleasant situation.
In my experience, I've never known anyone to invalidate a POA, but what I would do, just based on past legal experience, is
(a) contact your or your mother's attorney if you have one and get a new POA executed. Then notify whoever was identified as proxy that the POA has been revised and that person is no longer being asked to serve. That could take time though.
(b) Have your mother print right across the POA and above her name that she was (i) on medication administered by the hospital at the time and (ii) doesn't remember signing it (iii) nor would she have signed it had she not been medicated and not cognizant of what she was doing.
The proxy should also be notified if this is done as well.
I'm emphasizing that this is just based on what I believe an attorney would do; I've never seen this actually happen.
I think there are some larger issues though, and they are:
1. Why did someone at the hospital pressure your mother to sign? This surprised me as I would think they know enough about POAs not to push anyone to execute one.
2. Who was appointed proxy, and is that why you're also objecting?
I suspect there might be a backstory to this, which is one of the reasons I'd keep authorities out of the picture.
I don't know who you have to contact, but there will be an appropriate judicial or governmental authority in your area to whom you must report what has happened without delay. This will, I would expect, automatically invalidate the whole document, which isn't what you asked, but I can't imagine you'd want it to stand anyway.
Whose doing was this?