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Who are you caring for?
Which best describes their mobility?
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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?
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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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Which state does she vote in or have driver's license or does she own property in one state. In other words where is her legal address? Because that is where I would start. As far as I know a legal POA can be used in any state, regardless. Just as her will is usually accepted in another state. But to be sure ask a lawyer.
My mom had her POA drawn up in PA as that is the state she lived in. I brought her to SC to Live with me last year. I have used the POA with everything and it has never been questioned.
My POA for my late husband was in his will drawn up in GA, but we had moved to TN to be near children, and he died of stroke 15 months after the move. All of my GA POA were deemed legal in TN.
Go to Legal Zoom. They have a POA form that should be universally recognized by both states. They also have customer service reps that should be able to help you. You can also ask an elder law attorney for input as well.
Where does she file taxes? Where would she vote? Where would her car be registered? If she lists a primary doctor where is that doctor located? If all of these answers are the same that would be the state that is her "primary residence". But to be safe I would have papers completed that are legal and recognized in both states same if she has a P.O.L.S.T. or D.N.R.
While I would agree the state she claims as her primary residence, why not just do both at the same time to cover yourself? I'm not sure there really is a difference, it was always my understanding that POA as a legal document is POA wherever you are so while perhaps there are slight variations in wording or set up, maybe even power, I don't think they are only legal in one state, kind of like a marriage certificate (differing rules for getting one state to state but once married it's recognized everywhere). However if she has property and a life in multiple states I don't think it's difficult and might save headaches at some point to just have her sign one created by each state. What might be more important is to make sure you have POA, MPOA and DPOA rights as they are all a little different until you need them and interpretation of their powers might be different state to state.
Her state, where she is ordinarily resident, it's her document; but while you're about it download the information about your state's requirements and check for differences. It shouldn't be impossible to create a POA that will be accepted in both, surely.
Pick the state where her assets are located, where you pay her taxes, and the one in which she considers her domicile. Don’t open a bank account or buy a home in the second state. For tax reasons, treat one state as her legal home and the other as a place she is merely visiting.
Although a POA in one state is recognized in any state, you may be creating a bigger tax problem.
Like Ahmijoy, I wasn't aware of any reason they would not work in more than one state but I would go with the state that is established as her domicile. Basically what address is on her Social security, medicare, bank accounts etc.
Have an attorney draw one up that states it is valid in what ever jurisdiction it is presented. They can do a Durable POA and a medical POA fairly simple and valid throughout the country.
You can also do your own by printing them out and merging them, essentially you want to make sure that you say it is in accordance with state statutes for both states and reference the actual statute numbers.
That is how I would do it, but I think that your DPOA is valid anywhere as long as it complies with statutes for her states of residence.
I wasn’t aware that POA forms were state specific, If she has a home of her own in her home state I’d have to guess that state. But if she lives with someone else in that state, then I’m not sure. Where does her mail go?
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.
But to be safe I would have papers completed that are legal and recognized in both states same if she has a P.O.L.S.T. or D.N.R.
Although a POA in one state is recognized in any state, you may be creating a bigger tax problem.
You can also do your own by printing them out and merging them, essentially you want to make sure that you say it is in accordance with state statutes for both states and reference the actual statute numbers.
That is how I would do it, but I think that your DPOA is valid anywhere as long as it complies with statutes for her states of residence.