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Acknowledgment of Disclosures and Authorization
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.
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My aunt's drivers licence was revoked by her doctor (Alzheimer's). She told me she continues to drive. If I am her agent, am I liable if she has an accident?
You are legally liable! And you do NOT want to be responsible for an innocent bystander's death. You do NOT have to be the bad guy - involve the police. Do it now - my kids play out there!
If the DMV didn't revoke the license it means nothing. Did you get a letter from the DMV? The police can't take anything. I can write to the president to lawn my front lawn and it means nothing...you need to do it yourself (write the DMV) with supporting documents like your doc's letter but you need to do all the paper work and receive the letter telling him he must reapply or stop driving.
If I had tried to "take my hubby's keys" it would have ended in a physical altercation. I kid you not. Just saying "Take the keys" is NOT THAT EASY. He would have literally hit me if I had tried that route.
I would talk to your attorney to see if you are liable. Don't take the word of any of us, we might not live in your state.
In my case, he believed the doctor and gave me the keys. Then he took them back and was going to drive no matter what. It happened that my car was parked behind his truck in the driveway, so he couldn't drive. I didn't move it for three days. Finally, I told him I needed to put my car in the shop. which was true. and if he didn't let me drive his truck I would have to spend money (gasp) to rent a car. So, he gave up his keys. Then in a moment of clarity he wanted a grandson to have the truck because he was driving and didn't have one. I had that truck out of there that afternoon.
well she can't drive if the car is removed from her residence. find some way to remove her car and park it where you live. keep the keys and if she questions where they are, say you will look for them, but "don't ever find them".....just tell her you will keep looking but don't ever find them. I would check with your elder attorney to see if you are liable but I doubt it. She would be held liable and could lose her home. maybe tell her in a nice way that its dangerous to be driving now with all the people not paying attention and that IF she was to be in an accident, she could lose her home and be homeless.
It is all well and good to argue over whether or not poster would be liable when that is only determined once a lawsuit has been filed, fees to defense attorneys have been paid and a judge renders a decision!
As POA, you have a fiduciary responsibility to your aunt. That means you are obligated to inform her car insurance company that her license has been revoked. That means that if she drives, she is an uninsured driver, which is against the law. That means that if she has an accident causing bodily injury (or death) to someone else, that she will be sued. The attorneys will find out that you are her POA. The attorneys will scrutinize your actions. The attorneys will likely argue that you owed a duty of care to the plaintiff because you owed a duty of care to your aunt and you were negligent in your duty by allowing her to drive while uninsured. I may not be an attorney but I do follow interesting legal battles.
Took us what seemed like forever to get through to Mom that she could no longer drive. Several conversations to no avail. Even her favorite niece talking to her did not help. Finally her Dr. told her and notified the DMV so the letter came telling her, she was livid. I was still not sure she would stop so fortunately her living in a small town we contacted the local police department and an officer we knew stopped in uniform to talk to her. He told her if they saw her driving they would come take her car. That was the end of it. She was keeping that car for her grandson and she finally agreed to let either her sister or I do all the driving for 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.
I would talk to your attorney to see if you are liable. Don't take the word of any of us, we might not live in your state.
In my case, he believed the doctor and gave me the keys. Then he took them back and was going to drive no matter what. It happened that my car was parked behind his truck in the driveway, so he couldn't drive. I didn't move it for three days. Finally, I told him I needed to put my car in the shop. which was true. and if he didn't let me drive his truck I would have to spend money (gasp) to rent a car. So, he gave up his keys. Then in a moment of clarity he wanted a grandson to have the truck because he was driving and didn't have one. I had that truck out of there that afternoon.
As POA, you have a fiduciary responsibility to your aunt. That means you are obligated to inform her car insurance company that her license has been revoked. That means that if she drives, she is an uninsured driver, which is against the law. That means that if she has an accident causing bodily injury (or death) to someone else, that she will be sued. The attorneys will find out that you are her POA. The attorneys will scrutinize your actions. The attorneys will likely argue that you owed a duty of care to the plaintiff because you owed a duty of care to your aunt and you were negligent in your duty by allowing her to drive while uninsured. I may not be an attorney but I do follow interesting legal battles.