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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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Just a diagnosis of dementia does not make a person incapacitated. That could happen years after the initial diagnosis. As long as the person can understand "in the minute" what they are signing they can still assign the POA. MY mom was diagnosed about six years before she was considered unable to execute new documents.
Wait a minute. This is like one of those brain teaser math story problems I always used to flunk in school.
If A gave her son POA over herself, then son has her POA. If A now has dementia, I seriously doubt if she could execute her POA duties over B. She needs to be recused of her POA duties over B and a new POA over B needs to be found. One can not assign POA to anyone if one is found incompetent. I would think that one cannot remain POA for the same reason. In any case, consult with an attorney to make sure all this is done the right way.
(A) has POA over( B) medical ,( A) turn all of her POA over to son ,this was done about 5yrs when neither had dementia at the time of signing,but now the both of them have dementia,does( A )still have the power to( B) medical POA,
Are you asking if POA can be "inherited" so to speak? No. If the person appointed POA is unable to act, then the POA document should specify successor POA.
This is confusing. This is what I get from this. Person "A" has assigned their POA to person "B". Person "B" assigned their POA to their son. Son only has POA for person "B". If person "B" is not able to handle POA for person "A", then POA needs to be revolked and person "A" assigns a new POA. If "A" can no longer make informed decisions than guardianship is needed. A person with Dementia/ALZ cannot sign legal documents.
A person who has dementia is not considered competent and therefore cannot assign Power of Attorney to anyone, no matter who. If they were diagnosed with the disease at the time they appointed their POA, the forms are not valid. At that point, the only way to go is Guardianship. Are these forms that were drawn up by an attorney? If so, I’m surprised the attorney, if they knew about the dementia would go ahead with letting them sign the forms.
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.
If A gave her son POA over herself, then son has her POA. If A now has dementia, I seriously doubt if she could execute her POA duties over B. She needs to be recused of her POA duties over B and a new POA over B needs to be found. One can not assign POA to anyone if one is found incompetent. I would think that one cannot remain POA for the same reason. In any case, consult with an attorney to make sure all this is done the right way.
Please restate your question. It is not clear.