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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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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.
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Is there a successor on the POA? Notify that person and anybody elae that needs to know you will be gone. A POA cannot be transferred or duties reassigned to someone not appointed.
No you do not. As long as you can be contacted in an emergency you retain POA status. You can have another contact listed so that if you are unable to be reached this other person can make a decision. Is the person you are POA for in a facility? If so give them your alternate contact info. (I was out of the country for a while and gave the facility where my husband was staying for respite my sister's information.) The facility had no problem getting in touch with my sister in what they considered an "emergency"
A POA can be transferred. I know from experience. My sister had her husband's POA because he was paralyzed. Their elder law attorney prepared a document that transferred her POA to me if she became unable to do it--she signed this. Later, she died, and I automatically became his POA. This was tested many times and went through legal departments at banks, insurance companies, hospitals, etc. It was always honored. All that being said, I don't think a temporary absence necessitates this; but it wouldn't hurt to have this in place. When my sister's attorney advised this document, no one had any idea that her husband would out-live her. It doesn't hurt to be prepared.
Agilbe, since you use the term "POA", I'm assuming you mean a financial/legal POA, rather than a medical one.
What do you normally do on a regular basis? Pay bills? What else? Think about how you can address these tasks before you go so that they're taken care of.
If you're concerned about something that bridges legal/financial and medical, such as that whoever granted you proxy authority becomes ill and needs medical treatment, prepare a medical history with all pertinent information ranging from insurance coverage, substitute family contacts, past and current medical history, medications, allergies, etc.
If there is someone close whom you trust, leave this information with him/her in the event that your charge needs medical attention. And leave all your contact numbers where you can be reached in the event something else arises.
Aging myself, what you describe is very interesting, because when your sister died, the POA for her should have died too. Whomever was the husband's POA would still be his POA. If his POA document listed an alternate (should his wife die) then that person would be his POA. POA's can have an alternate or successor listed. But POA's cannot ever be "transferred" or redirected by anyone other than the Principal (the person who is being protected). If it were possible for a POA to just hand these duties over to someone else, just imagine the consequences-- it would be impossible for the Principal-- they signed up a specific person for this solemn duty, and the Principal deserves to be the ONLY person who can make a change to THEIR choice of POA, or successors. It is always the Principal who gets to decide---NOT the POA. The POA can decline to serve, but that's why lawyers will always recommend a successor POA, or even 2 or 3 successors, so that the Principal's choices are protected, and not reassigned by anyone other than the Principal.
Vicksky, and others, to further clarify: You are correct in your last statement that "'when your sister died, the POA for her' would no longer be in force." However, it was not my sister's POA that was in question. No one has power to sign anything on behalf of someone who is dead, because a dead person can no longer take any action. Duh. The facts are as I stated, and will expand upon: Sister had her husband's General Durable Power of Attorney, which included a provision pursuant to Indiana Code 30-5-5-18, which you can look up online. The provision gave Sister "authority with respect to delegating authority," which "authorizes the attorney-in-fact to delegate in writing to one or more persons any or all powers given to the attorney-in-fact by the power of attorney." Sister's attorney prepared, and Sister signed before she died, a document titled "Delegation of Authority Under General Durable Power of Attorney" which appointed me to serve as her husband's POA if she became unable to serve. When she died, that made her unable to serve, and I became his POA. He could have revoked my POA, of course, as any POA can be revoked, thus addressing your concerns about protecting the Principal's choices. Furthermore, any argument about her authorization to do this not being valid after her death would also have to explain why anything else she signed as his POA would have remained valid after her death--deeds, checks, or anything else she had power to sign on his behalf. MY POINT IS, and I'm shouting because this is important: A good attorney can do things for you that other people may not be aware of that can make things much easier for you and your loved ones; and only one of them is addressing the problem of what to do in case you need a back-up to serve as POA.
A POA can be used to grant very specific powers or to grant total control. I could leave my car with you to sell and give you POA to sign over the title--that wouldn't allow you to take over my banking or my medical care! You should never give anyone more authority than you trust them with.
Well, if you're concerned about it, some substitute needs to be made...in my state all you need is for the principal to assign another person **for the dates you will be gone** and have them both sign in front of notary. When that time frame elapses you will still be POA upon your return from vacation.
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 you are also a caregiver then you may need to arrange for a substitute while you are gone.
As long as you can be contacted in an emergency you retain POA status. You can have another contact listed so that if you are unable to be reached this other person can make a decision.
Is the person you are POA for in a facility? If so give them your alternate contact info. (I was out of the country for a while and gave the facility where my husband was staying for respite my sister's information.) The facility had no problem getting in touch with my sister in what they considered an "emergency"
All that being said, I don't think a temporary absence necessitates this; but it wouldn't hurt to have this in place. When my sister's attorney advised this document, no one had any idea that her husband would out-live her. It doesn't hurt to be prepared.
What do you normally do on a regular basis? Pay bills? What else? Think about how you can address these tasks before you go so that they're taken care of.
If you're concerned about something that bridges legal/financial and medical, such as that whoever granted you proxy authority becomes ill and needs medical treatment, prepare a medical history with all pertinent information ranging from insurance coverage, substitute family contacts, past and current medical history, medications, allergies, etc.
If there is someone close whom you trust, leave this information with him/her in the event that your charge needs medical attention. And leave all your contact numbers where you can be reached in the event something else arises.
The facts are as I stated, and will expand upon: Sister had her husband's General Durable Power of Attorney, which included a provision pursuant to Indiana Code 30-5-5-18, which you can look up online. The provision gave Sister "authority with respect to delegating authority," which "authorizes the attorney-in-fact to delegate in writing to one or more persons any or all powers given to the attorney-in-fact by the power of attorney." Sister's attorney prepared, and Sister signed before she died, a document titled "Delegation of Authority Under General Durable Power of Attorney" which appointed me to serve as her husband's POA if she became unable to serve. When she died, that made her unable to serve, and I became his POA. He could have revoked my POA, of course, as any POA can be revoked, thus addressing your concerns about protecting the Principal's choices. Furthermore, any argument about her authorization to do this not being valid after her death would also have to explain why anything else she signed as his POA would have remained valid after her death--deeds, checks, or anything else she had power to sign on his behalf.
MY POINT IS, and I'm shouting because this is important: A good attorney can do things for you that other people may not be aware of that can make things much easier for you and your loved ones; and only one of them is addressing the problem of what to do in case you need a back-up to serve as POA.