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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.
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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.
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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.
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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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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Even in states where it is not a requirement to file a POA, they usually can be filed with the County recording office so there is a certifiable copy available if necessary. We have filed many different documents and the upfront cost has saved us many times over of the cost of not having filings. It is a good idea in the case of disaster -- fire come to mind.
If you know where they were created, you might check with the county offices to see if they have a certified copy.
The New York County where the original Power of Attorney was filed, will have it, and might have it available online. I found my grand-mother's power of attorney online which was filed in 1999.
Have you contacted the attorney who drew up the POA? My attorney made copies of all of my documents and retained the file in a fireproof cabinet in his office.
The OP never said an attorney prepared it and I think most here are unaware of the fact that many attorneys don’t keep a copy of these kind of documents ;)
The New York POA may be stronger than the NC POA, but you may also want to consult a NC attorney. As mentioned below, the originating attorney should have a copy, and banks usually require their own POA form to be used.
Most banks will require an original signed document. You might want to start by contacting the original lawyer who wrote up the POA. They should have it on file and can make a notarized "copy" that should have the same power as the one that was misplaced.
I know it is too late to help you but it might help others. I have scanned and saved all the documents (advanced directive, medical power of attorney, POA, and will) onto a flash drive. I know it isn't the same as having the originals but most places asking for any of those documents (except the will) usually need them loaded onto a website or just a copy for their records. If you have ever used the POA and had to provide a copy, you might see if they still have a copy in his records. And I suggest everyone purchase a firebox and keep copies or originals of documents (including birth certificates) in there. Because I guarantee sooner or later, someone is going to ask for them.
If you know the POA was recorded in NY, it is probably easier to obtain a copy from the records division of the NY county in which it was recorded it. Might be worth the extra fee to order a certified copy just to be safe, even though a copy of the recorded doc should be honored by any 3rd party. Most states do not require a general durable POA to be recorded (unless it involves a real estate transaction), so it may not have been recorded in NY.
Chances are that a probate court is not an option. In most cases there would be no need for that.
But, you can record anything with the county clerk. If you get a new one, many states have options for virtual notaries when it comes time to sign. Check with the attorney that prepared the POA. That office would be able to supply you with a certified copy, which you will need.
In my State you don't file POAs. Wish they did. The only thing you can do is find the Lawyer who drew it up and get a copy. If the person who assigned you now has a Dementia, you will not be able to have another drawn up.
Why would the old one be in public records? Did you record it with the county court? If it was prepared by a lawyer, see if the lawyer kept a copy. Otherwise there really wouldn’t be a public record.
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 you know where they were created, you might check with the county offices to see if they have a certified copy.
If you have ever used the POA and had to provide a copy, you might see if they still have a copy in his records.
And I suggest everyone purchase a firebox and keep copies or originals of documents (including birth certificates) in there. Because I guarantee sooner or later, someone is going to ask for them.
But, you can record anything with the county clerk. If you get a new one, many states have options for virtual notaries when it comes time to sign. Check with the attorney that prepared the POA. That office would be able to supply you with a certified copy, which you will need.