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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.
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.
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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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I suppose they can try, but that doesn't mean they'd be appointed. What makes you worry that this will happen? Have they mentioned this?
Guardianship will not be granted for a person who is legally competent to make her own decisions.
Guardians have to strictly account to the court about how they manage the finances. Perhaps when your sister finds this out she will be less interested in applying.
If/when you hear they are proceeding with this attempt, consult a lawyer specializing in Elder Law immediately.
Has your mother named an executor in her will? That seems like a prudent move in the circumstances.
KatetheGreat, I agree with the advice given by TNtechie, but if you're pretty sure that your mother does not have dementia (your profile only mentions vision problems), then a guardianship filing will not likely be approved by a judge, especially if it is obvious that your mother's safety and security is not at risk due to the care you help provide. Guardianship would have to be filed in the county in which your mother is currently living and all of her adult children would have to be officially notified of the filing before the court hearing date could be set. A medical doctor would have to report to the court that your mother was mentally incompetent and probably a "court visitor," as well. I think your sister would find all of this tough to accomplish if your mom doesn't need a guardian and especially so given that she rarely visits and never helps. But if you don't currently have your mom's DPOA for finances and health care, then it's past time to get that done. And, as TNtechie suggested, consult with an elder-law attorney and/or the county board of guardians to get specific, expert advice.
Yes they can seek guardianship during her lifetime. The estate left after her death is not controlled by a guardian - in the absence of a will naming an executor, they would need to file to be the estate's administer after her death.
My brother filed for guardianship of my mother to gain control of the financial assets and because he didn't like that she had excluded him from her POA documents. He had to drop his case (with prejudice) because my Mom was not incompetent and he wasn't a good candidate for guardianship if she had been. Still, my other sibling and I (who are POAs) had to spend money on a lawyer to defend our POA actions. If the suit had gone further, the court appointed guardian-ad-litum would have been paid at an hourly attorney rate from my mother's assets to oversee her care while the case was contested in court.
Consult with an elder law attorney immediately about the law in your state and what (if any) defenses you can put in place. Even when they don't have much of a chance of winning guardianship, the process can be very intrusive and painful. My mother had made her POAs more than a decade before she ever had any senior moments and the court would have likely appointed the POAs as guardians, but it was still very disturbing to her to have her POAs challenged. She thought she had made the proper arrangements "so that XXX never has any voice in my care" but found out the state's guardianship laws leave all seniors venerable. She felt very badly betrayed that her abusive child could gain access to all her medical and banking records just by _filing_ for guardianship.
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.
Guardianship will not be granted for a person who is legally competent to make her own decisions.
Guardians have to strictly account to the court about how they manage the finances. Perhaps when your sister finds this out she will be less interested in applying.
If/when you hear they are proceeding with this attempt, consult a lawyer specializing in Elder Law immediately.
Has your mother named an executor in her will? That seems like a prudent move in the circumstances.
My brother filed for guardianship of my mother to gain control of the financial assets and because he didn't like that she had excluded him from her POA documents. He had to drop his case (with prejudice) because my Mom was not incompetent and he wasn't a good candidate for guardianship if she had been. Still, my other sibling and I (who are POAs) had to spend money on a lawyer to defend our POA actions. If the suit had gone further, the court appointed guardian-ad-litum would have been paid at an hourly attorney rate from my mother's assets to oversee her care while the case was contested in court.
Consult with an elder law attorney immediately about the law in your state and what (if any) defenses you can put in place. Even when they don't have much of a chance of winning guardianship, the process can be very intrusive and painful. My mother had made her POAs more than a decade before she ever had any senior moments and the court would have likely appointed the POAs as guardians, but it was still very disturbing to her to have her POAs challenged. She thought she had made the proper arrangements "so that XXX never has any voice in my care" but found out the state's guardianship laws leave all seniors venerable. She felt very badly betrayed that her abusive child could gain access to all her medical and banking records just by _filing_ for guardianship.