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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 mom told me she wants to live with me she don't want my sister or my exwife taking care of her when her husband dies. My step dad made his son poa over her and every thing all i want is my moms to be happy do i have rights
Is your mom incompetent? If she is not incompetent then she can file papers to change her POA to you if she chooses. I'm not sure what you mean when you say your dad made his son her POA when it is her choice what her POA is. Do you mean he had the paperwork written up and just made her sign it? As long as she has not been ruled incompetent she can rewrite that document at any time.
If she is already incompetent then you have a problem...as POA that is signed by her and notarized, presumably when she was still competent in the past, is basically valid and respected by the courts. However, if his son doesn't want to serve as POA and care for her, you may speak to him and ask him to resign as POA and allow you to take over.
Your final move would be to go for guardianship over your mom. This is an expensive and costly process where you would go to the court and fight to have control of her assets and care...making you completely responsible for her well being and financial situation. At this time anyone who wants to contest your guardianship (perhaps your step father's son) can speak in court against you. I hope it does not come to this for you.
Regarding the POA's choice in caregivers, a drug addict, you can call social services if you feel your mom isn't being cared for properly. They'll send someone out to the home for an inspection. But unless the caregiver shoots up in front of the people from social services they're liable to just take a report and then leave.
I'm wondering if your mom has dementia. I don't understand why she'd sign papers giving her stepson POA. And like the above poster said, if she has dementia she can't revoke her stepson's POA and make you POA in which case the only option left would be for you to gain guardianship over your mom which costs thousands of dollars. Without POA or guardianship unfortunately you don't have any legal rights.
There's a major omission in the issue whether the POA is valid, and that's whether Vickey's mother had dementia or had lost enough cognitive function that she didn't understand what was happening.
There's also the issue of who drafted the POA, whether it was an attorney, whether it's the father's POA and includes Vickey's Mom, whether she signed it, and whether she understood what she was doing.
Assuming that she didn't understand what was happening, and the husband just told her to sign, or tricked her, then the document was executed under false pretenses, and I believe, would be invalid. In that case, legal action might be required to revoke it. And a form of elder abuse has been committed.
There are lots of unknowns that are critical to providing advice to Vickey, so we need some explanation from her.
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 she is already incompetent then you have a problem...as POA that is signed by her and notarized, presumably when she was still competent in the past, is basically valid and respected by the courts. However, if his son doesn't want to serve as POA and care for her, you may speak to him and ask him to resign as POA and allow you to take over.
Your final move would be to go for guardianship over your mom. This is an expensive and costly process where you would go to the court and fight to have control of her assets and care...making you completely responsible for her well being and financial situation. At this time anyone who wants to contest your guardianship (perhaps your step father's son) can speak in court against you. I hope it does not come to this for you.
Angel
I'm wondering if your mom has dementia. I don't understand why she'd sign papers giving her stepson POA. And like the above poster said, if she has dementia she can't revoke her stepson's POA and make you POA in which case the only option left would be for you to gain guardianship over your mom which costs thousands of dollars. Without POA or guardianship unfortunately you don't have any legal rights.
There's also the issue of who drafted the POA, whether it was an attorney, whether it's the father's POA and includes Vickey's Mom, whether she signed it, and whether she understood what she was doing.
Assuming that she didn't understand what was happening, and the husband just told her to sign, or tricked her, then the document was executed under false pretenses, and I believe, would be invalid. In that case, legal action might be required to revoke it. And a form of elder abuse has been committed.
There are lots of unknowns that are critical to providing advice to Vickey, so we need some explanation from her.