Are you sure you want to exit? Your progress will be lost.
Who are you caring for?
Which best describes their mobility?
How well are they maintaining their hygiene?
How are they managing their medications?
Does their living environment pose any safety concerns?
Fall risks, spoiled food, or other threats to wellbeing
Are they experiencing any memory loss?
Which best describes your loved one's social life?
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.
✔
I acknowledge and authorize
✔
I consent to the collection of my consumer health data.*
✔
I consent to the sharing of my consumer health data with qualified home care agencies.*
*If I am consenting on behalf of someone else, I have the proper authorization to do so. By clicking Get My Results, you agree to our Privacy Policy. You also consent to receive calls and texts, which may be autodialed, from us and our customer communities. Your consent is not a condition to using our service. Please visit our Terms of Use. for information about our privacy practices.
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.
Remember, this assessment is not a substitute for professional advice.
Share a few details and we will match you to trusted home care in your area:
does anyone have experience with the above? if so, how did they do it: via reporting to adult protective services or via a litigation attorney for conservatorship and/or guardianship? Any advice or pros and cons of going through this process?
Why would you want to remove this person who has POA, and who is this person responsible for?
If Memaw appointed her son, Fancypants, to be POA, generally Memaw is the only one who can remove Fancypants from that position. Memaw can do that by filling out and having notarized forms removing Fancipants as her POA, and in my state Memaw would have to notify Fancipants in writing that he has been removed. No reason has to be given.
However, if you, as a bystander, decide you don't like Fancipants and he isn't acting in Memaw's best interests, you need to see a lawyer and explore what actions you might take. The lawyer will no doubt advise you that unless Memaw is incompetent, she may appoint anyone she wants for her POA. Even Fancipants.
Dnajaras, what exactly is your main concern? Your brother as POA? You said that you are not hands on and live many miles away from your loved one. Who is currently caring for your parent? If you believe that your LO is in danger, you should report it immediately.
“Potential abuse of the position”? That “potential” exists in every POA situation. You are going to need some clear evidence of ACTUAL abuse before you stand any chance of doing something about it.
Q: Did she clarify the "abuse" ? I was certain it was a "physical abuse" at 1st reading but was it not? This one is just hard to figure .... I'm asking b/c I keep needing to question more ...
As your brother has been living in the house with your mother for 10 years, it is very likely that M started off by being quite happy about it. You say that M “has been deemed with mild cognitive disorder and unable to make medical decisions”. ‘Has been deemed’ is extraordinarily imprecise. Like who ‘deemed’ it? When? After what tests? Who took her to get these tests for the ‘deeming’?
‘Mild cognitive disorder’ is also quite vague. M is not currently in a NH and is living at home with brother. Why do you think she should go into a NH if she is coping OK at home? It seems likely that brother is the POA, and M may well have made him POA well before she had any ‘tests’ or was deemed to have any problems at all. Is living there the ‘potential abuse’ you are suggesting?
It sounds as though the situation is annoying to you, you would like to get M into a NH and get brother out of the house. I don’t think this site is going to be any use to you at all!
Start with APS for advice. May be as simple as them visiting, reviewing records voluntarily and reassuring you.l If not, see an elder law attorney. Provide any PROOF you have of malfeasance. For instance if you know abusing finances, how do you know this? They are NOT beholden as POA to provide YOU with any proof, only a court official can ask this of the POA due to privacy rights of the person who made them POA.
So if you suspect abuse take your proof to elder law attorney. He can apply to the court to ask for a review by the POA. If POA bring in adequate records and there is a home visit that goes fine then that will be that. Yes, you will be paying for all this. It is no small thing to call a POA into question.
A fight for custody and guardianship may be a real bad thing and can go to the 10s of 1,000s. And ultimately the court may remove the senior from the care of both and put into place a court appointed fiduciary who will take over POA, placement, expenditure. They charge for their services. Family will have nothing to say regarding the elder.
I had a brother who abused my mom and had a really hard time finding someone to help me get him removed. I believe laws need to be changed. My mom has passed now and I would love to help anyone help me get laws changed.
Same thing happened with me. APS was useless and believed whatever he told them & the police said it was a civil matter.
There are no laws to protect the elderly from POA abuse. I even contacted my state senator, representative and the attorney general. No one could help!
They all said that you’d have to hire a lawyer. Think of what we pay APS in salary, benefits & pensions…….what do they really do?
Just be careful ... I'm no estate lawyer nor a certified public accountant ... Just realize that an heirs slander, libel or defaming your heir could be found as "tortious interference" with inheritance laws in some states. TORTIOUS INTERFERENCE WITH CONTRACTUAL RELATIONS is cause for action and can arise when a claimant (“plaintiff”) is deprived of an inheritance or gift as a result of wrongdoing by another (“defendant”) against a third party that prevents the third party from providing the plaintiff a gift or inheritance. Is he a "drug addict" with "Cognitive Disorder" ... publishing either will seal your fate if a physician or mental health professional diagnosed fancy pants ... a qualified doctor(s) diagnosis and any prescription. Because you might have nailed it! And that is probably worse for you was it stands. You should find fancy pants and talk about it. What was the POA for anyway ? Is he on a "Specific POA" for a "one-off" task or is it a broader POA? What do they both say about it "together" ???
I think you should just help ..... or ...... start helping wherever you can ... Is this been an estate or will in probate or is it assignable to you even. I just think it's too late to just remove what is working, what needs work or is it just getting started ... the abuse, i mean. Is it "physical abuse" I thought you meant but I didn't ask because that's how he is removable ... then move his property out but to a safe storage room and file your protection from the abuse?
You would need good and solid proof to remove a POA. IF you have that proof of malfeasance (which with the long history here of complaints about the current POA it seems you do NOT have), then take said proof to an attorney. That attorney will open a case before the courts to have the POA bring records before the court to prove he is acting responsibly.
Yes, it will cost money. Your guess about how much money is anyone's guess.
Your problem with the current POA has been ongoing for a long time, D. And you have brought many questions regarding this issue to Forum. I want to suggest you stop asking US and that you attend an Elder Law Attorney who can answer ALL your questions and give you all options available in your area for your case.
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 Memaw appointed her son, Fancypants, to be POA, generally Memaw is the only one who can remove Fancypants from that position. Memaw can do that by filling out and having notarized forms removing Fancipants as her POA, and in my state Memaw would have to notify Fancipants in writing that he has been removed. No reason has to be given.
However, if you, as a bystander, decide you don't like Fancipants and he isn't acting in Memaw's best interests, you need to see a lawyer and explore what actions you might take. The lawyer will no doubt advise you that unless Memaw is incompetent, she may appoint anyone she wants for her POA. Even Fancipants.
If you believe that your LO is in danger, you should report it immediately.
‘Mild cognitive disorder’ is also quite vague. M is not currently in a NH and is living at home with brother. Why do you think she should go into a NH if she is coping OK at home? It seems likely that brother is the POA, and M may well have made him POA well before she had any ‘tests’ or was deemed to have any problems at all. Is living there the ‘potential abuse’ you are suggesting?
It sounds as though the situation is annoying to you, you would like to get M into a NH and get brother out of the house. I don’t think this site is going to be any use to you at all!
If not, see an elder law attorney. Provide any PROOF you have of malfeasance. For instance if you know abusing finances, how do you know this? They are NOT beholden as POA to provide YOU with any proof, only a court official can ask this of the POA due to privacy rights of the person who made them POA.
So if you suspect abuse take your proof to elder law attorney. He can apply to the court to ask for a review by the POA. If POA bring in adequate records and there is a home visit that goes fine then that will be that. Yes, you will be paying for all this. It is no small thing to call a POA into question.
A fight for custody and guardianship may be a real bad thing and can go to the 10s of 1,000s. And ultimately the court may remove the senior from the care of both and put into place a court appointed fiduciary who will take over POA, placement, expenditure. They charge for their services. Family will have nothing to say regarding the elder.
There are no laws to protect the elderly from POA abuse. I even contacted my state senator, representative and the attorney general. No one could help!
They all said that you’d have to hire a lawyer. Think of what we pay APS in salary, benefits & pensions…….what do they really do?
thanks susziq
and yes, documentation can be relevant
You would need good and solid proof to remove a POA.
IF you have that proof of malfeasance (which with the long history here of complaints about the current POA it seems you do NOT have), then take said proof to an attorney.
That attorney will open a case before the courts to have the POA bring records before the court to prove he is acting responsibly.
Yes, it will cost money. Your guess about how much money is anyone's guess.
Your problem with the current POA has been ongoing for a long time, D. And you have brought many questions regarding this issue to Forum. I want to suggest you stop asking US and that you attend an Elder Law Attorney who can answer ALL your questions and give you all options available in your area for your case.