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Which best describes their mobility?
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How are they managing their medications?
Does their living environment pose any safety concerns?
Fall risks, spoiled food, or other threats to wellbeing
Are they experiencing any memory loss?
Which best describes your loved one's social life?
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I think this also turns on the issue of "rewriting." Did the proxy copy an old Will and add new or different provisions, or did she create the Will herself, then ask your GM to sign it? Who witnessed it? Were there 2 witnesses, whose signatures were notarized?
Either way, it raises questions in my view. But this could also depend on how long the proxy acted as such, whether she was a relation who would benefit from your GM's death, what their relationship was, and perhaps more issues.
Has anyone compared the two Wills to determine what might have been added or eliminated from the "new" will? If the proxy wasn't named as an heir or otherwise benefited from the old will, but would do so under the new one, I'd say that's a clue that requires more investigation.
You can write a will without a lawyer, but it needs to be notarized to be taken completely seriously. One that was written two days before death would be pretty suspect, and if there's a lot of property at stake, it'd be worth contesting it.
I don't think that changes anything I've written above. A will can be written on a napkin if you want, but that's a holographic will and doesn't carry the weight of a properly executed and notarized one. They're easily overturned or ignored, because there's no legal proof the person whose will it is even wrote the thing.
In this case, the timing of the will, plus the POA's involvement makes it even more suspect whether it's notarized or not. A notary's job is not to determine if someone is being coerced, only that they are who they say they are. I'd think it would be pretty easy to contest such a will.
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.
Either way, it raises questions in my view. But this could also depend on how long the proxy acted as such, whether she was a relation who would benefit from your GM's death, what their relationship was, and perhaps more issues.
Has anyone compared the two Wills to determine what might have been added or eliminated from the "new" will? If the proxy wasn't named as an heir or otherwise benefited from the old will, but would do so under the new one, I'd say that's a clue that requires more investigation.
In this case, the timing of the will, plus the POA's involvement makes it even more suspect whether it's notarized or not. A notary's job is not to determine if someone is being coerced, only that they are who they say they are. I'd think it would be pretty easy to contest such a will.