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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 mother had here license taking away by DMV. If she drives without me knowing and has an accident then is sued by other person for not having a license could I also be sued since I am POA?
Shakingdustoff, why don't you buy your mother's car for a nominal amount and re-register it in your name? It's true you'd acquire title, but since you'll be using the car primarily on your mother's account - i.e. for her benefit - this is not going to go against her best interests - you wouldn't be acting for your own gain.
I know our systems are a bit different, but since my insurers wouldn't insure me unless I were the registered keeper and owner of my mother's car that was what we had to do. And since I was in a foul mood anyway because I had to give up my own lovely elderly BMW for mother's tinny heap of French crap because she couldn't bear to part with it and I couldn't possibly afford to insure two cars, it seemed morally fair as well as above board.
As POA, it is your responsibility to get that car off the road. Turn in the plates and cancel the insurance. Should she take to the road without license plates, the cops will pick her up faster than a donut.
Is your name on the title? If so, I believe that you could be sued as joint owner. Are you also an insured on the auto policy?
I don't believe that someone would have grounds to sue your mother simply for driving w/o a license though - it's not a civil cause of action unless someone else is injured. Driving without a license would be subject to issuance of a ticket though.
But I agree that you should find a way to ensure that she doesn't drive.
How about a situation where a plaintiff claims: The family knew this person was dangerous and they did nothing to stop them - remember that terrible street market massacre in Santa Monica? Seems from what I was able to find out, that the old man had definite, longterm inability to drive safely - why did not the family get the car away from him?
No. But your mother would be committing an offence, so I'd have thought that a more important point to worry about.
If you have POA, and if it is active because your mother is incapacitated, you do have the authority to dispose of her car and use the proceeds for her benefit - such as by hiring cabs to take her where she wants to go, for example. Crack on with getting her car sold, I should.
You could remove the car battery or have the car disabled in some way and certainly take the keys away. Selling the car is another option. Mother is a danger to herself and others. Why take any chances. Good luck
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.
I know our systems are a bit different, but since my insurers wouldn't insure me unless I were the registered keeper and owner of my mother's car that was what we had to do. And since I was in a foul mood anyway because I had to give up my own lovely elderly BMW for mother's tinny heap of French crap because she couldn't bear to part with it and I couldn't possibly afford to insure two cars, it seemed morally fair as well as above board.
I don't believe that someone would have grounds to sue your mother simply for driving w/o a license though - it's not a civil cause of action unless someone else is injured. Driving without a license would be subject to issuance of a ticket though.
But I agree that you should find a way to ensure that she doesn't drive.
If you have POA, and if it is active because your mother is incapacitated, you do have the authority to dispose of her car and use the proceeds for her benefit - such as by hiring cabs to take her where she wants to go, for example. Crack on with getting her car sold, I should.