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Brigit, I'm sorry to say this but the reason that state authorities are stepping in and applying for guardianship of your friend is that while you had health and finance POA you made a right balls-up of protecting him.
You didn't gamble away his money, you didn't steal from him, you didn't allow dodgy people to visit him and you didn't ignore his paperwork. But you didn't, either, take the steps necessary to make sure these issues were dealt with competently. Are you sure it isn't in your friend's best interests for someone else to take over? It won't stop you being his friend.
POA does not give you guardianship. It only gives you the ability to handle their affairs and wishes when they no longer can. There are immediate POAs but same thing, not a guardianship.
How did the area on aging get involved? Someone had to have called them. The only way they would get involved in this way is if abuse of some kind was reported and found. And yes, their guardianship would override your POA.
There was an investigation for this to happen. I would think you would have been sent the results. I would think you would have gotten something saying O of A was investigating a complaint. I would have thought you would have been interviewed. If you get nowhere with O of A, you may need a lawyer to do it.
Some POAs, especially when drafted by an attorney say that if guardianship is required that, I, request john doe, to be appointed. Of course, it is up to the courts to approve. They can determine that the requested individual is not the optimum choice, usually for a very good reason.
What reason what reason do they have to apply for emergency guardianship when I just admitted him on the 9th of April and I've been filling out the Medicaid application with one of their caseworkers
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:
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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").
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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.
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APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
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If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
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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.
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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.
You didn't gamble away his money, you didn't steal from him, you didn't allow dodgy people to visit him and you didn't ignore his paperwork. But you didn't, either, take the steps necessary to make sure these issues were dealt with competently. Are you sure it isn't in your friend's best interests for someone else to take over? It won't stop you being his friend.
Your client is now in the NH you admitted him to on April 9th and you are filing out paperwork for Medicaid, yes?
Can you go talk to the NH social worker tomorrow about why the NH is trying to gain guardianship?
Is it possible that he's had a stroke, and that's why his health has declined and why he's being fed a mechanically altered diet?
Please stick with THIS thread.
https://www.agingcare.com/questions/can-i-pull-eldery-out-of-facility-i-put-him-there-30-days-ago-and-his-health-has-declined-within-one-448550.htm
How did the area on aging get involved? Someone had to have called them. The only way they would get involved in this way is if abuse of some kind was reported and found. And yes, their guardianship would override your POA.
There was an investigation for this to happen. I would think you would have been sent the results. I would think you would have gotten something saying O of A was investigating a complaint. I would have thought you would have been interviewed. If you get nowhere with O of A, you may need a lawyer to do it.