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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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Mostly Independent
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Our Dr. (psychiatrist) printed out POA documents for us and told us that when I felt it was necessary to enforce this (husband has dementia) I should call him and the POA would be activated. Is this all I need to do?
IMO printing off the internet is not a good idea. I think POAs are an individual thing and a lawyer should be there to help you in making sure its meets your needs. And to make sure the person understands what assigning POA means for them.
There are two types Independent and Springing. Independent is effective as soon as the Principle signs it. Springing you need a doctor or two saying the Principle is no longer able to make informed decisions.
In your situation, I would make it Immediate so you don't need a doctor. This does not mean you are in charge, IMO, but it gives you the ability to help the person as they decline. I took Mom when she was about 80 to get her Will redone and POA. The lawyer must have seen something or because of her age, he made the POA immediate. I was already helping her with bills, writing her checks and having her sign them. I also think POA will be more likely excepted if a lawyer has been involved.
indubuque, just seems odd that a psychiatrist can practice law. As JoAnn had mentioned, see an Attorney [Elder Law Attorney], as they are current with what goes into a Power of Attorney for your State. And if your husband can still understand the context of a POA, he could sign it. And while at the Attorney, update your Wills and any other legal document that one should have.
I get the impression the Doctor gave her the POA forms to fill out and told her when she was ready to use them he would make them effective. This is not how it should work.
Husband needs to be competent to assign a POA. Once he has Dementia, he is no longer competent to make informed decisions. If your husband understands what a POA means, then get the forms filled out and signed by him. You will need at least a notary and maybe witnesses. Me, I would see a lawyer and have paperwork drawn up. A lawyer can determine if husband understands what is going on.
The reason for a POA can be that the person is incapacitated and cannot make decisions in their own best interest. If person is no longer able to make their own decisions under legal definition, another legal document may need to be enforced. May depend on each state how this is handled.
Well, by contacing him (the Dr.) does that mean he'll provide a written medical diagnosis of cognitive incapacity? Is that what the PoA document says is necessary to activate the legal authority? You need to follow what is instructed in the PoA document. That's what the law requires.
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.
IMO printing off the internet is not a good idea. I think POAs are an individual thing and a lawyer should be there to help you in making sure its meets your needs. And to make sure the person understands what assigning POA means for them.
There are two types Independent and Springing. Independent is effective as soon as the Principle signs it. Springing you need a doctor or two saying the Principle is no longer able to make informed decisions.
In your situation, I would make it Immediate so you don't need a doctor. This does not mean you are in charge, IMO, but it gives you the ability to help the person as they decline. I took Mom when she was about 80 to get her Will redone and POA. The lawyer must have seen something or because of her age, he made the POA immediate. I was already helping her with bills, writing her checks and having her sign them. I also think POA will be more likely excepted if a lawyer has been involved.
Husband needs to be competent to assign a POA. Once he has Dementia, he is no longer competent to make informed decisions. If your husband understands what a POA means, then get the forms filled out and signed by him. You will need at least a notary and maybe witnesses. Me, I would see a lawyer and have paperwork drawn up. A lawyer can determine if husband understands what is going on.
To me it sounds like he has already told you that he authorizes it to be activated.
Read your document, make a list of the changes in your husband’s behavior, and call the doctor’s office with your thoughts.
Be absolutely sure that you consider the balance between YOUR NEEDS for safety and comfort and your husband’s needs.
Does it say that it is necessary for a doctor's signature to activate it?