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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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I have run across this with my husband's care. I am rep-payee. But unless he is cooperative, I have no power whatsoever, and HIPPA laws have messed this up, big time. I am at a loss, because he has the ability to commit, (but not pay for) huge medical expenses if not covered by his insurance. SSDI pays almost enough for food and rent, little else. To have an 'autonomous' adult in the home, without powers to limit or help the person can be a living sentence to prison. imop. Would definitely need an attorney, and the funds to pay to fix this mess.
You need a medical power of attorney. Who has this now? If no one, pay a legal fee to draft, notarize, and document the POA. However, if the conservators have this power, don't go against that. Get their permission. They might be willing to cooperate with you having the medical power of attorney, however are you qualified?
LindaSusan, Just proceed, as her mother, looking out for her interests, needs and wants. If anything major comes up, like permission for a surgery, notify her conservators, ask them who should sign. I found that you have very little rights or authority as rep-payee, but a whole lot of responsibility to spend and report accurately and appropriately to social security.
Those funds from social security and ssi are what you are responsible for.
Any other earnings, income, assets, etc are the purview of her conservators. If her needs are not being provided for by her conservators, speak up. Even though it may not be you appointed as her conservator, get someone competent.
To do that, if you were in Southern California, I would refer you to Bet Tzedek, attorneys who take on legal cases, often pro bono, or on a sliding scale.
Often, there is help by contacting the associations and foundations for a specific disease, online.
Thanks, Pamstegma. Wasn't my post but I never knew for sure how a conservator fit into the total picture. I just read a few days ago that conservator and guardian are pretty much the same thing but it's good to know it can be separated - finances from medical.
You can sign for her health care as her mother, certainly, unless the court has appointed a Guardian of the Person. The conservator is only Guardian of the Estate (money).
LindaSusan - my son is an only child. I consciously made that decision. Every now and then I regret the decision as once my husband and I are gone there will be no one to look after my son. Would a brother or sister have filled that role? No guarentees and not a reason to have a baby. I'm sorry your daughters sister is not fully meeting the obligations that she must have agreed to do. I know in situations with the elderly and some disabled individuals one can get a limited/specific Power of Attorney - to give authority in a specific area only, like finances or health. I don't know how it works with a conservatorship and it would also depend on your disabled daughters cognitive functions - but is it possible for you to be granted something along those lines - that would allow you to legally make medical decisions? Perhaps you could consult with the attorney who drew up the conservatorship?
Her sister and brother in law are her conservators. But I make all of her decisions for her, conservators are not much help despite my many requests to do their job. It's very frustrating. she has many many health conditions.
Who is your daughters legal guardian - the conservator is often considered to be the same role/function. If that is the case, then no, you can not legally sign for her. Being Represenitive Payee merely allows you to deposit and I believe, write checks. When my disabled son turned 18 I was told I could be paid to care for him but NOT if I was his guardian. It wasn't worth it to me - to turn over the decision making in regards to any aspect of his life. So, I am Rep Payee, guardian along with my husband and trustee for his irrevocable special needs trust.
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 am at a loss, because he has the ability to commit, (but not pay for) huge medical expenses if not covered by his insurance. SSDI pays almost enough for food and rent, little else. To have an 'autonomous' adult in the home, without powers to limit or help the person can be a living sentence to prison. imop.
Would definitely need an attorney, and the funds to pay to fix this mess.
I can see now why you may need legal help.
I found that you have very little rights or authority as rep-payee, but a whole lot of responsibility to spend and report accurately and appropriately to social security.
Those funds from social security and ssi are what you are responsible for.
Any other earnings, income, assets, etc are the purview of her conservators. If her needs are not being provided for by her conservators, speak up. Even though it may not be you appointed as her conservator, get someone competent.
To do that, if you were in Southern California, I would refer you to Bet Tzedek, attorneys who take on legal cases, often pro bono, or on a sliding scale.
Often, there is help by contacting the associations and foundations for a specific disease, online.
if I was his guardian. It wasn't worth it to me - to turn over the decision making in regards to any aspect of his life. So, I am Rep Payee, guardian along with my husband and trustee for his irrevocable special needs trust.