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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.
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I handle all of his financial and medical affairs, as he has Alzheimer's and Dementia. I am also his POA. Am I able to receive compensation for my time and services?
As others has said, you need to see if the POA specifically allows for this. Payment would need to be reasonable and in line for your profession. So if your a CPA, you can bill dad just as you would for another client for the same service. But if you work low wage retail, you can’t “bill” professional rate.
To be blunt, most DPOAs do whatever needed for free and out of a sense of familial duty. Often for years & years. If he’s in a facility, his daily living activities and medication management are being taken care of by the MC. His health care team is at the MC and outside docs need to coordinate directly with MC staff for health care. Personally - based on what we dealt with both for my mom & MiL in IL, AL & later NHs - I just don’t see how there is any degree of significant time on families part needed for an elders day to day once in LTC. Can you explain just what all you are doing medically that needs compensation?
His income, banking, investments & bills can be likely be done via direct deposit. Is this set up? If not, why not? If he still continues to own his home and rents it, or owns rental properties, for that situation there might be “property management” stuff needed. If that’s what’s happening, I’d suggest you get estimates from a couple of management firms to see what thier fees structure is and then work with an elder law atty to drawn up an agreement with dad for property management. It’s all reportable & taxable income too. Personally imo if there’s a home and other properties, I’d hire a company to deal with stuff (repairs, maintenance, taxes) as just too many details and too many ways for this to go wrong.
Realize without an agreement done and taxes Paid, so everything all above board, it can look like you as POA are doing “self dealing” which is not in keeping with the required fiduciary duty of a POA.
if he should ever need LTC Medicaid, all $ to you without correct legal done and taxes paid, well, Medicaid will look at the $ as gifting and it keeps him ineligible for a penalty period. Medicaid will require 5 years of financials; stuff like this will surface; Medicaid will find out.
What does the power of attorney document say? In general, people with powers of attorney can't make decisions on behalf the person that would enrich themselves.
I would read the paperwork and then ask the attorney who drew it up. I think ours says that our power of attorney is allowed be compensated for his time. (But that might be the executor of the will. I'll have to read it again!)
He’s not on Medicaid? if he’s not on Medicaid, then it will depend on what the POA document says. And/or state law. Normally you can reimburse reasonable expenses. Can’t take a salary unless the POA document stipulates it. If he’s on Medicaid and they are paying the memory care then no, you can’t be paid.
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.
To be blunt, most DPOAs do whatever needed for free and out of a sense of familial duty. Often for years & years.
If he’s in a facility, his daily living activities and medication management are being taken care of by the MC. His health care team is at the MC and outside docs need to coordinate directly with MC staff for health care. Personally - based on what we dealt with both for my mom & MiL in IL, AL & later NHs - I just don’t see how there is any degree of significant time on families part needed for an elders day to day once in LTC. Can you explain just what all you are doing medically that needs compensation?
His income, banking, investments & bills can be likely be done via direct deposit. Is this set up? If not, why not?
If he still continues to own his home and rents it, or owns rental properties, for that situation there might be “property management” stuff needed. If that’s what’s happening, I’d suggest you get estimates from a couple of management firms to see what thier fees structure is and then work with an elder law atty to drawn up an agreement with dad for property management. It’s all reportable & taxable income too. Personally imo if there’s a home and other properties, I’d hire a company to deal with stuff (repairs, maintenance, taxes) as just too many details and too many ways for this to go wrong.
Realize without an agreement done and taxes Paid, so everything all above board, it can look like you as POA are doing “self dealing” which is not in keeping with the required fiduciary duty of a POA.
if he should ever need LTC Medicaid, all $ to you without correct legal done and taxes paid, well, Medicaid will look at the $ as gifting and it keeps him ineligible for a penalty period. Medicaid will require 5 years of financials; stuff like this will surface; Medicaid will find out.
I would read the paperwork and then ask the attorney who drew it up. I think ours says that our power of attorney is allowed be compensated for his time. (But that might be the executor of the will. I'll have to read it again!)
if he’s not on Medicaid, then it will depend on what the POA document says. And/or state law. Normally you can reimburse reasonable expenses. Can’t take a salary unless the POA document stipulates it.
If he’s on Medicaid and they are paying the memory care then no, you can’t be paid.