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Has he always been disabled/special needs? The reason I ask is because she might be his legal guardian or conservator -- and not his PoA -- and if so then SHE is responsible for the loan if he has never had cognitive capacity.
I know parents with special needs adult children and they are the legal guardians, not PoA (since the principal would have needed to have cognitive capacity at some point in order to assign a PoA).
This sounds like a breach of Fiduciary duty and abuse.
I would report this to APS, Police, Sheriff's Office or DA for investigation of abuse. As to the loan? In my opinion, he shouldn't pay it. Will his credit be ruined? Probably. But it is perhaps best he doesn't HAVE credit as he is unable to be financially responsible. This is at present a legal matter, I think. They may refer you to an attorney. Call Local Agency on Aging in your area for guidance to low cost/free legal advice if needed.
SIL is responsible until someone can prove that SIL was not competent to sign that contract. Prove that POA was aware he was incompetent and coerced him to sign it, that then is fraud. At that point the POA has overstepped their responsibilities because they personally profited. Meaning that, the POA would use SILs money to pay off the loan that was really Moms, the POA.
The POA should be revoked. But then if SIL is incompetent, he cannot assign a new POA. He will then need a guardian and thats expensive. Yes, a lawyer is needed here.
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.
He is an adult I’m assuming?
If the POA is invoked - then he in all likelihood would not be considered legally able to sign any kind of contractual documentation.
If he felt any kind of coercion, but he is still competent, I'm not sure where that lands him.
But in any event, this is a legal matter now.
I know parents with special needs adult children and they are the legal guardians, not PoA (since the principal would have needed to have cognitive capacity at some point in order to assign a PoA).
I would report this to APS, Police, Sheriff's Office or DA for investigation of abuse. As to the loan? In my opinion, he shouldn't pay it. Will his credit be ruined? Probably. But it is perhaps best he doesn't HAVE credit as he is unable to be financially responsible.
This is at present a legal matter, I think. They may refer you to an attorney. Call Local Agency on Aging in your area for guidance to low cost/free legal advice if needed.
The POA should be revoked. But then if SIL is incompetent, he cannot assign a new POA. He will then need a guardian and thats expensive. Yes, a lawyer is needed here.