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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.
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.
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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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Your loved one may not require home care or assisted living services at this time. However, continue to monitor their condition for changes and consider occasional in-home care services for help as needed.
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You'll have to examine how the language is written and you may need an estate attorney to help with this. This is a pretty complicated way of doing things. I'm sure that the idea was to be "fair," but the duties can overlap if you become a guardian and need to make quick health decisions. Hopefully, you and your sister have similar thoughts about your mom's health. Carol
Hi: I've drafted 100s of both types of powers of attorney. A general durable power of attorney is typically for financial and legal matters, while a durable medical power of attorney is limited to healthcare decisions. The word "durable" here means that the power of the "agent" (the person named to carry out the wishes of the "principal," or person signing the document) will continue to be effective even if the principal becomes incapacitated.
Both of these documents will be effective for all facilities and all states, unless the document says otherwise (which would be highly unusual).
If your power of attorney says you can be named by the court as guardian, then until you are actually appointed by the court as your mother's guardian you have no powers over her healthcare decisions. If indeed you become named as her guardian, then your state law would control who has precedence: you as her guardian or your sister as agent under the medical power of attorney. Most states would say the court-appointed guardian's directions trump that of the agent.
I'd like to add another one to Carols list - hopefully she has had direct conversations with both of you about her choices for quality of life and end of life issues, especially if she develops any type of dementia later. Not everyone is comfortable with the conversation but you will see from all of the activity on this site it becomes huge the longer & more care people need.
If not, try to bring it up with your mom & sister. You might also share this site with your sister. Two heads are better than one.
You have a say so over her financial and legal affairs whereas your sister decides on her behalf for medical issues. I believe that medical P of A or advanced directives only pertain to the specific hospital or facility too, which means if you were to bring her to another facility, your sister would have to fill out the paper work for that again. I'm not 100% sure, so don't quote me on that. But based on my research and personal experience, I believe that is the case. However, you should speak with an eldercare lawyer or other legal expert.
My mom had me named as Durable Power of Attoney and Leg REp plus heath epoxy plus the only on the will. The Durable poer of attorney has more help if your loved becomes ill and can not make any decision due to their health. it was does by a Top attorney in New york and register in the court. It helped me a lot, when ever mom fell or was sick had had the full power of what the doctors could do. it was even good in the state of Florida of which i moved her to take care of her. It helps if the fire dept has to be called for a emegency. But do get with your lawyer, you should have the origianl paper work and make a copy and have it with you at all times if something happen, the health expoxy is a legal paper work that works like a DNR. The person wishes need to be followed out as far as medical care. A power of attorney as not much power and as far as the Durable power of attorney . Both no longer help once the person passes away in all states. hope this help. I had all mom papers work down well in advance before she was too ill .patrica61
My sister and I work well together and discuss all decissions and problems. We make all decissions together. I mainly wanted to know if all areas were covered.
I'm confused when is legal guardinship needed,for a aging parent? When infact they have a legal will already made up stating the the power of attorney, we have already done alot for my dad without legal guardinship, doctor have stated he is not able to take care of his self he is now in a nursing home. My mother is making the desions right now.
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.
Carol
Both of these documents will be effective for all facilities and all states, unless the document says otherwise (which would be highly unusual).
If your power of attorney says you can be named by the court as guardian, then until you are actually appointed by the court as your mother's guardian you have no powers over her healthcare decisions. If indeed you become named as her guardian, then your state law would control who has precedence: you as her guardian or your sister as agent under the medical power of attorney. Most states would say the court-appointed guardian's directions trump that of the agent.
Hope that helps!
If not, try to bring it up with your mom & sister. You might also share this site with your sister. Two heads are better than one.