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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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Mostly Independent
Your loved one may not require home care or assisted living services at this time. However, continue to monitor their condition for changes and consider occasional in-home care services for help as needed.
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We can’t possible answer this. It depends on multiple factors-does he have a trust & how is it written? Does he have a will? Do any of his accounts (bank account, pension, IRA) have beneficiaries? If there is no will, then anything without a beneficiary will pass through intestate law so if he has a spouse, they would be entitled to a portion of it and so would his children.
Your father's will determines who gets what. Your sister's POA ends at death and has nothing to do with the distribution of his assets. If he has no will, the courts will distribute the assets according to state law.
I am uncertain what you mean by "took over everything". You say your Dad has dementia. A demented person cannot make someone POA. Did he do this before he got dementia? Or did he have SOME dementia, but was still capable of understanding, when examined by a lawyer, what he wanted to do in assigning someone to act for him? That is to say did he give POA to your Sister when he had mental capability to act, as this is something that can only be done when a Senior is mentally capable. The sister, if appointed to this position when your Dad was well, is now to act in his best interest and to do things as she understood he would want them done, and to keep careful records of assets and expenditures. She is not accountable to you to give explanations, but if you suspect financial abuse, you are free to go to APS and ask them to open a case to investigate elder abuse. As to what happens when your father dies, that would depend on whether or not he had a will done. If he has a will, then his executor (who may or may not be the POA you mention) will register the will in probate and distribute the assets. If there is no will, or the person is no longer mentally capable of making a will then someone will be appointed by the courts (family in most cases, often next of kin or person most capable of serving in this capacity). The Estate without a will is distributed according to the laws of the state involves. The person is considered to have died "intestate." The court assists in having assets distrubuted according to the laws of the state, and the order of relationship dictated by law. Hope someone has a way to put this in a more simple explanation.
AlvaDeer, whether or not a person with dementia can create or change a POA depends upon the honestly of the lawyer, in my experience and observation.
In the early 2000s, a family member had one of my relatives change her POA over to her, just 3 months prior to her death from dementia complications. She was clearly not competent. The family member added her name to all the assets she could find, and "cleaned up" after her death.
This also happened with another relative just 2 years ago. Both were at the point of the disease where the dementia was VERY obvious.
With unscrupulous people, a POA can be a license to steal.
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 sister, if appointed to this position when your Dad was well, is now to act in his best interest and to do things as she understood he would want them done, and to keep careful records of assets and expenditures. She is not accountable to you to give explanations, but if you suspect financial abuse, you are free to go to APS and ask them to open a case to investigate elder abuse.
As to what happens when your father dies, that would depend on whether or not he had a will done. If he has a will, then his executor (who may or may not be the POA you mention) will register the will in probate and distribute the assets. If there is no will, or the person is no longer mentally capable of making a will then someone will be appointed by the courts (family in most cases, often next of kin or person most capable of serving in this capacity). The Estate without a will is distributed according to the laws of the state involves. The person is considered to have died "intestate." The court assists in having assets distrubuted according to the laws of the state, and the order of relationship dictated by law.
Hope someone has a way to put this in a more simple explanation.
In the early 2000s, a family member had one of my relatives change her POA over to her, just 3 months prior to her death from dementia complications. She was clearly not competent. The family member added her name to all the assets she could find, and "cleaned up" after her death.
This also happened with another relative just 2 years ago. Both were at the point of the disease where the dementia was VERY obvious.
With unscrupulous people, a POA can be a license to steal.