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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.
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My aunt is in a nursing home, and has an attorney named as her POA. She does not feel he has been handling her affairs properly, and would like to have me named instead. How can we go about this? (The attorney is not cooperating with us.)
If your Aunt is mentally competent she has every right to change her POA. It will usually require being witnessed and notarized, but those are usually things that can be arranged in any SNF. If this Attorney believes your Aunt is NOT mentally competent, then she cannot change her POA unless the family goes to court and is granted a probate conservatorship. This can be messy and expensive. However, if there is a question about her mental competency and you feel she is competent, request that her Dr. evaluate her mentally and then write a statement attesting to her competency before you have her change her POA. This will protect you from accusations that you manipulated a demented person or something like that.
As a lawyer, I would suggest finding another attorney that your mother would accept. There are many lawyers that visit nursing homes for execution of estate planning documents. Regarding your present lawyer's "reluctance" to give up his duties, he has not right to do so. If he has your aunt's original estate planning documents, show up in person and have them removed from his vault and given to you. My advice is that you should never have two attorneys handling your aunt's estate plan. You could run into problems that you don't need at such a time. Have the new lawyer review ALL of your aunt's documents. There may be a very good reason why she doesn't have confidence in her present attorney.
It may not be that simple if your aunt has dementia. So the following comments of mine are directed only if your aunt currently cannot make decisions on her own due to cognitive problems such as dementia.
If your aunt has dementia or other cognitive problem and has been legally deemed not being capable of handling her own affairs, she is at risk of being taken advantage of by a relative, friend, or acquaintance who does not have her best interests in mind. If that is the case, she trusted that lawyer when she had the cognitive capability or a court trusted that lawyer to take on the responsibility to be strong and protect her for a lifetime against fiduciary abuse. If she chose him, she did not ask you at that time for some reason. Even if you are not intending to harm her in any way and only have her best interests at heart, she did not entrust you with that responsibility at the time that she should have. The lawyer would be not be living up to a promised responsibility that he made to her years ago and her wishes would not be honored if he let someone else take over his role. That is abandonment.
If he is guilty of not acting with your aunt's best interest in mind, then it probably is going to take an attorney of your own to prove it in order to take him off your aunt's case. If he is acting in her best interests and she is considered not capable of making her own decisions, then you really should leave well enough alone.
If your aunt is all there mentally and able to make decisions, then do not feel intimidated. Just get the form, fill it out, get it notarized (I think that employees at the facility cannot witness this), send it registered to the attorney, keep a copy where it is safe. If you are firing the attorney, let him know his services are not longer needed and ask for a copy of your aunt's legal file. (You will probably need to pay for it.) I wouldn't let him know your aunt was dissatisfied, don't poke a cobra especially if it is a lawyer. No explanation is necessary in the letter, less is more.
P.S. I am not an attorney. I just speak from experience.
Search online for your state's POA form. Fill it out in accordance with the directions. It may require witnesses, notaries, etc. You'll probably have to send some kind of notice to the current POA as well as the companies/institutions he has contacted on her behalf, just to be thorough. Most importantly, don't be intimidated. It is HER POA, and therefore HER right to assign. You have every right to inform the attorney that she is unhappy with his administration and is reassigning it. If he threatens/intimidates you, just report him to the local bar association (which regulates attorney conduct).
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.
If your aunt has dementia or other cognitive problem and has been legally deemed not being capable of handling her own affairs, she is at risk of being taken advantage of by a relative, friend, or acquaintance who does not have her best interests in mind. If that is the case, she trusted that lawyer when she had the cognitive capability or a court trusted that lawyer to take on the responsibility to be strong and protect her for a lifetime against fiduciary abuse. If she chose him, she did not ask you at that time for some reason. Even if you are not intending to harm her in any way and only have her best interests at heart, she did not entrust you with that responsibility at the time that she should have. The lawyer would be not be living up to a promised responsibility that he made to her years ago and her wishes would not be honored if he let someone else take over his role. That is abandonment.
If he is guilty of not acting with your aunt's best interest in mind, then it probably is going to take an attorney of your own to prove it in order to take him off your aunt's case. If he is acting in her best interests and she is considered not capable of making her own decisions, then you really should leave well enough alone.
If your aunt is all there mentally and able to make decisions, then do not feel intimidated. Just get the form, fill it out, get it notarized (I think that employees at the facility cannot witness this), send it registered to the attorney, keep a copy where it is safe. If you are firing the attorney, let him know his services are not longer needed and ask for a copy of your aunt's legal file. (You will probably need to pay for it.) I wouldn't let him know your aunt was dissatisfied, don't poke a cobra especially if it is a lawyer. No explanation is necessary in the letter, less is more.
P.S. I am not an attorney. I just speak from experience.