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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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I think it is legal. My sibling had DPOA done for my mom & had her trust amended & I didn’t know about it until a lawyer looked into another matter for me. The original trust had sibling as executor & myself as secondary but it was changed to his daughter instead of me & I had no knowledge of it.
The difference here is that my mom had dementia when all this was done & wasn’t capable of understanding the documents.
Thank-you all for your quick answers. There are no hostilities between me and my siblings. After talking with Mother it seems she didn't want to burden me and the obvious person to be POA, in her opinion, is the eldest (my sister). As to telling my Brother : again she felt as he is male (her words) he had to be informed. The reason for my question was because I hadn't been informed I was worried that it may not be legal. Thank-you all for putting my mind at rest.
It is great news to hear that this isn't "warring siblings"; we see that so often on the forum and I am sorry to have seemed to assume it; your fast response allowed me to edit out the sentence in which I wrongly assumed no one is in a familial struggle. The best place to go with a question is always right to the horse's mouth. But yes, this is perfectly legal. Your Mom is able also to appoint someone to act as POA when the first choice isn't available. She can also, while of a reasonably sound mind, change her power of attorney at any time with great ease. And our elders do often still have that "the male must know" thing going. The world changes slowly. I am glad you are together in support of your Mom as that is so going to ease her latter years going forward.
Power of attorney is conferred upon a person by someone who asks that person to act in their behalf. It isn't honestly in any way the business of anyone else, and no one has any obligation to inform anyone that they have chosen a power of attorney nor does the POA have any obligation to inform anyone. Certainly, assuming a family all gets along, it is more the norm that a parent giving power of attorney to one sibling inform the others, so that all can know this fact, can refer any bills and etc. they are aware of to that sibling who is acting as power of attorney. If you wish an explanation of why your parent chose one sibling to act as POA, it would be excellent to ask your parent why they personally chose that sibling. It could amount to where they live, could amount to their financial expertise (assuming this is financial) or their health expertise (assuming health). POA is a burden. It requires careful records and the gathering of knowledge and information. I would thank the sibling carrying out the work for doing so. But back to legal notification, no, none is required.
Are there bad feelings between you and your siblings and this is why he was informed and not you? Is it illegal? No, I don’t think so. Power of Attorney rights are between the person and their representative. When I was my mom’s, I don’t remember having to notify anyone of that appointment other than medical personnel at her facility, the bank, her insurance, apartment manager, etc. I’m an only child and there was no family left, but in all honesty, I probably would have made it known I was her POA just as a courtesy. The knowledge would not have given them any rights or the ability to make any decisions on her behalf, but I would have let them know anyway.
I agree with willie. Even the POA sometimes doesn't know they have been named. Which I think needs to be rectified. I think the assigned person needs to sign off they agree to the assignment and understand what is involved in being a POA.
This is true JoAnn. My mom had documents done in 2014- will, medical POA and DPOA. I was named as both medical and DPOA with my sister named as DPOA if I was unable or unwilling. The only one I had to sign off on was the medical POA. I didn't even know the other documents were drawn up.
Later after my mom's dementia diagnosis it was recommended that she assign these things, and she couldn't remember she already did! We then went to her document file and there they were.
There is no obligation for your mother to inform anyone who she chooses to be her POA. Perhaps brother was told because there was an expectation that he would be appointed and she felt the need to tell him why he was not - or was he perhaps named in a previous document that was formally revoked?
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.
The difference here is that my mom had dementia when all this was done & wasn’t capable of understanding the documents.
Later after my mom's dementia diagnosis it was recommended that she assign these things, and she couldn't remember she already did! We then went to her document file and there they were.