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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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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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wow I never realise how much power the state have over us when we are alive and even more so when we lose mental capacity, and why because we vote for a government.
KayBransford's experience is exactly what I had--even though my parent's had their lawyer draw up all the documents naming me as not only POA (fin and health) but Executor AND Trustee, at each of their 4 financial places, I had to be present WITH my mom (dad has dementia) and BOTH of us had to sign in many many places, BEFORE these institutions would accept me as able to be POA, and this is even WITH THE POA, which had cost several grand to get, from a lawyer. I did not mind one bit, because they should be this protective of my parents. Other people here on AC have complained about having to jump tbru hoops--whining that they should be able to do everything with just that POA document. So I'm just saying, even if you CAN get a valid POA, you better go to the bank, the investment office, the mortgage place, etc, all of the POA'S listed people AND your Dad, and sign all the bank's paperwork as well. If you don't, you might be in trouble Later.
As part of the POH document, a "Activating and De-Activating A Power of Attorney for Health Care" form/sheet may likely be needed. Many agencies we interact with want to see this document before discussing anything dealing with the health, or financial matters for that matter, of our care receiver. You can ask your care receiver's primary care doctor to fill one out and give you a copy. Ours is an Aurora Health Care Document X20558 (10/02). We have both siblings listed on the POA & POH.
Cmagnum-yes he was expensive-but our dysfunctional family dynamics needed this- even so Brother is still causing major problems and we've got a whopper going on now.
A Financial Durable Power of Attorney with language that will allow the agent the ability to alter an estate plan in order to qualify for government long term care benefits. That is the ability to re-title property into another name, including the POA's, to meet asset and income requirements of the program. There would be other powers as well and you need to consult with an Elder Law Attorney near you, just make sure this is their primary practice area. To find one go to www.naela.org, and put in your zip code and the number of miles from your location. Medical POA, with HIPAA language, and a separate HIPAA release, a Living Will, Directive to Physician or documents in your state for end of life planning. You may also consider a revocable living trust, it can allow you to handle financial affairs as a Trustee as opposed to a POA. The accounts and other property would need to be retitled in the name of the trust. Be careful of accessing someone's accounts online without the proper authority to do so, I have seen at least one case take the offender to court and prevail. On line, DIY forms are not going to do much good if you have to qualify him for Medicaid or VA benefits. Get professional help, once you need a great estate or disability plan it is usually to late, and Guardianship can be an expensive legal nightmare.
An elder law attorney should be able to assist you. You would need a durable poa for medical and financial, this way you can make medical and financial decisions. Hopefully the person is clear enough to discuss and complete a poa.
I should also mention that $7000 fee includes filing (when time comes) Medicaid app+follow thru as well as VA Pension paperwork.So his work is not done.
My Dad is in NJ and the Elder Attorney wrote up,General(covers all bases),Realestate(2nd home needs to be sold)and Healthcare(also Will-price$7000) We re-did them Jan 14 and by Nov they will no longer accept Dad's signature as they feel he does not understand (and my brother is influencing him to take his original choice POA(me) off at least Real estate as he Is trying to buy 2nd hse for way under current value-another story for another time)
I have had two durable powers of attorney. It is not a silver bullet for every situation - no matter how up-to-date or comprehensive it is. However, everyone over 18 should get one because it works for most situations, but with financial institutions it can be difficult. I had one financial institution refuse to accept it because it was over 2 years old another because it was over 5 years old. With dementia, you need it to work for possibly a decade. Thankfully, the doctor deemed my parents competent enough to get a new one. Guess what - the bank let me use it in one instance but not another saying the sentence giving the right didn't start with my mom's name. I can have the lawyer right a letter so we have a way to follow-up, but just know that in some cases -- usually mostly with banks -- it can be refused and having a lawyer dedicated to estate or elder law maybe needed. Best of luck. Given that my parents planned for this in advance by doing a complete estate plan, it's frustrating to learn of the roadblocks you can face when you need it to work. It's the reason I advocate that people organize their papers and consider setting up online access so the person who they appoint as power of attorney can act on their behalf when they need to.
If he's not competent due to his dementia, then you can't get either POA and must file in court for guardianship with the medical testimony of two doctors saying that he is no longer competent to handle his business in a business like manner.
I hope it is not too late because the other route is very expensive and involves going before a judge in court.
It probably depends on where your dad lives. In NJ, there is a general POA and a medical proxy/"living will" which would be required. Consult with an elder law attorney. AND...there is the question of whether or not your dad is competent to sign legal documents. If not, you will have to seek those powers through the court at considerable expense.
Please consult with an elder attorney on this one. If he has already been diagnosed with dementia, he may not be considered competent to give you a POA for anything. You may have to look into a conservatorship or guardianship. If you check with your Area Agency of Aging (or the equivalent in your state), they usually have a list of people that specialize or you can consult a legal aid group in your area if you have limited financial funds. It depends on whether he is considered to be competent at this point. Good luck to you on this journey.
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.
That is the ability to re-title property into another name, including the POA's, to meet asset and income requirements of the program.
There would be other powers as well and you need to consult with an Elder Law Attorney near you, just make sure this is their primary practice area. To find one go to www.naela.org, and put in your zip code and the number of miles from your location.
Medical POA, with HIPAA language, and a separate HIPAA release, a Living Will, Directive to Physician or documents in your state for end of life planning.
You may also consider a revocable living trust, it can allow you to handle financial affairs as a Trustee as opposed to a POA. The accounts and other property would need to be retitled in the name of the trust.
Be careful of accessing someone's accounts online without the proper authority to do so, I have seen at least one case take the offender to court and prevail.
On line, DIY forms are not going to do much good if you have to qualify him for Medicaid or VA benefits. Get professional help, once you need a great estate or disability plan it is usually to late, and Guardianship can be an expensive legal nightmare.
1. Durable POA
2. Medical POA
The key question in this situation is competency.
If he's not competent due to his dementia, then you can't get either POA and must file in court for guardianship with the medical testimony of two doctors saying that he is no longer competent to handle his business in a business like manner.
I hope it is not too late because the other route is very expensive and involves going before a judge in court.