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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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A person who is mentally competent can execute a will leaving his property to whomever he chooses. However, if he is not mentally competent, you can challenge the will on that basis. Also, if you have evidence of undue influence or duress or other fraud, those factors can also be a basis to challenge the will. Does your father have Alzheimer's ? Has a doctor evaluated his mental competency? His competency at the time he wrote his caregiver into his will is a crucial question that needs to be answered. Also what do you know about the role the caregiver played in your father's decision to include her in his will? You should contact an attorney in order to fully explore theses questions.
How was this done….like did Dad go to his attorney on his own to do a will or do a codicil to the will? OR was this done via a document they got off the internet?
What is he leaving her? something worth 5K or something worth 50K, 500K? People do often leave something to their caregivers.
If this was done by his attorney who has done prior work for him, they usually will go over things with him by himself to make sure there is no collusion and that he seems competent. If that is the case, then Dad can do whatever with his assets.
If you are concerned that the caregiver may have taken advantage of Dan and possibly be doing other things, I would suggest you see if Dad has added the caregiver to any of his bank accounts too. You could use the excuse that it's tax time and you go to see Dad for many visits to help him with his taxes and you go over all his financials in detail. Then if it looks like something is not right, go and see an elder law attorney. Good luck.
Your profile does not let us know Dad's situation. If he is competent he can leave his assets to anyone he wants. If he was not you need an opinion from a forensic psychiatrist to challenge the will. Were you available to help with Dad? I can see where an elder would leave a caregiver assets if they provided most of the care when it was necessary. I wonder how many children would be more involved with care if this happened more frequently.
It's legal, assuming the will is valid, i.e. assuming that the testator is of sound mind. But it's bound to look dodgy. Any elderly person who wants to make a generous gesture of gratitude to a caregiver he or she appreciates - which is a nice thing to do - needs to make very sure that the reputation of the caregiver is protected by a clear statement of intentions in the will. Otherwise it ends up being potentially not a nice thing to do at all: nothing but trouble.
June, do you actually have a problem with the legacy? Do you not feel it's deserved? Are you concerned that pressure has been applied? It isn't clear whether you personally would want to challenge this bequest or not.
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.
What is he leaving her? something worth 5K or something worth 50K, 500K? People do often leave something to their caregivers.
If this was done by his attorney who has done prior work for him, they usually will go over things with him by himself to make sure there is no collusion and that he seems competent. If that is the case, then Dad can do whatever with his assets.
If you are concerned that the caregiver may have taken advantage of Dan and possibly be doing other things, I would suggest you see if Dad has added the caregiver to any of his bank accounts too. You could use the excuse that it's tax time and you go to see Dad for many visits to help him with his taxes and you go over all his financials in detail. Then if it looks like something is not right, go and see an elder law attorney. Good luck.
Oh also who is the executor?
June, do you actually have a problem with the legacy? Do you not feel it's deserved? Are you concerned that pressure has been applied? It isn't clear whether you personally would want to challenge this bequest or not.