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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 sister took my dad out of the home i put him in. she got him to sign a revoking order and now he is back at square one with no social contact or contact from other family members.
AngryDaughter, first, what is your father's health like? Why is he in a care center (nursing home?) in the first place?
Is he competent to make his own decisions? (That is, has a court ever declared him incompetent? Does he have dementia or other cognitive issues?)
I take it that you had POA and now your sister does. Is that correct? Technically, POA isn't sufficient authority to determine where someone will live if the person does not want to live there. Works great to get Mom or Dad set up in a care center if they don't object. Not so good if they refuse. So... what is your dad's attitude toward being in a care center?
Is he back at his home or living with your sister? Why does this mean no social contact or contact from other family? Were other family members visiting him at the care center?
Should you try to do anything? Like getting him back to the care center?
If all he has is "general age-related decline" and he is competent to make his own decisions, I don't see what you can do. Even if you could prove "undue influence" in the change in POA, getting the POA back still wouldn't give you authority to place him where he doesn't want to be.
If you think a court would declare him incompetent (based on the signed opinions of medical doctors and other persons investigating the situation) then you can try for guardianship and you would have the authority to decide where he will live. I understand this is not inexpensive and that the outcome is uncertain when family members disagree.
I assume you did your best, probably with considerable effort, to do what you consider right for your dad. I can certainly understand your anger at your sister's interference. But what you can do depends greatly on your father's competency status.
(I am not a lawyer. I'm just explaining my understanding of POA and guardianship.)
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.
Is he competent to make his own decisions? (That is, has a court ever declared him incompetent? Does he have dementia or other cognitive issues?)
I take it that you had POA and now your sister does. Is that correct? Technically, POA isn't sufficient authority to determine where someone will live if the person does not want to live there. Works great to get Mom or Dad set up in a care center if they don't object. Not so good if they refuse. So... what is your dad's attitude toward being in a care center?
Is he back at his home or living with your sister? Why does this mean no social contact or contact from other family? Were other family members visiting him at the care center?
Should you try to do anything? Like getting him back to the care center?
If all he has is "general age-related decline" and he is competent to make his own decisions, I don't see what you can do. Even if you could prove "undue influence" in the change in POA, getting the POA back still wouldn't give you authority to place him where he doesn't want to be.
If you think a court would declare him incompetent (based on the signed opinions of medical doctors and other persons investigating the situation) then you can try for guardianship and you would have the authority to decide where he will live. I understand this is not inexpensive and that the outcome is uncertain when family members disagree.
I assume you did your best, probably with considerable effort, to do what you consider right for your dad. I can certainly understand your anger at your sister's interference. But what you can do depends greatly on your father's competency status.
(I am not a lawyer. I'm just explaining my understanding of POA and guardianship.)