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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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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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kukla77, you can charge the $500 cost to the trust only if the Judge decides in your favor as appointee. Methinks the $500 was only the initial consult, not the total cost. Maybe you should read what you signed.
Every situation and circumstance is different. A POA may work, depending on how it is worded. In order to obtain a guardianship, there must be 2 physician certification of incapacity; the judge will look at those certs and listen to testimony then decide if a guardianship should be granted. There are ways to avoid a guardianship-again each situation is different. Talk with someone who is a specialist regarding POA vs guardianship, they should be able to guide you.
@ferris1 - Guardianship's cost much more than $500. I had to pay over $3,000 to be the substitute guardian for my mom after my step-dad became incapacitated. However, I was able to pay the lawyer out of my mom's assets. The lawyer needs to petition the court for that to happen. @kukla77 - I agree with the others about POA, if you have one that should be sufficient to handle her financial affairs and with a Medical POA to make medical decisions. Also, a POA is much less controlling (no yearly reporting of both person and property, which is a pain)
Guardianship is only granted in the event that someone is found to be incapacitated to some degree or fully by the court. If there is a valid POA and health care surrogate in place and no one contests these individuals ability to act then a guardianship is not necessary. If there is a trust and there is a successor trustee, that person would take responsibility for assets within the trust but will not be able to make decisions for "the person" or for property or assets outside of the trust. Guardianship proceedings are state specific. In some states it is required that an attorney be appointed for the alleged incapacitated person and it can get quite expensive. Duties of a guardian, once appointed by the Court, are determined solely by the Court. They range from handing financial affairs to making medical decisions, but each guardianship is unique and depends upon what rights the court allows the ward to retain. It is advisable to consult with an attorney who specializes in guardianship before petitioning to serve as there is considerable responsibility and liability involved.
I completely disagree that having a POA discounts the need for a guardianship! Just because you have someone's POA doesn't mean they can't act on their own behalf anymore. Guardianship takes that power away from them. A very important distinction.
Contact your local Area Agency on Aging, they have information regarding guardianship and should be able to answer any question you have. I'm agree with above, if there is a POA a guardianship shouldn't be necessary. Every circumstance is different. Guardianship should be the last resort. You would have attorney and filing fees with guardianship. I've heard of it costing more than $500.00. Because each case is different, you really need to speak with someone, contact your local AAA.
It should not cost this much to get a guardianship, and if you do not know at this point what it all entails, perhaps you should not be the guardian. Do your homework. You can file for guardianship in your local Probate Court area for court costs. Read the directions, follow their advice and if you are still unclear, get someone else to do this very, very time-consuming duty.
Kukla, you should be able to pass costs of the guardianship on to the trust. Do you have her POA? If so, why do you need guardianship? If not, who has mom's POA? In most states the POA will also be awarded guardianship unless there are extenuating circumstances, like abuse or exploration, breach of fiduciary trust, etc.
Is there a successor trustee of her trust? There is not a simple answer to your question that brings up further questions. Are there siblings?
You need to talk to an elder law attorney. Do not make this decision without consulting with one.
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.
@kukla77 - I agree with the others about POA, if you have one that should be sufficient to handle her financial affairs and with a Medical POA to make medical decisions. Also, a POA is much less controlling (no yearly reporting of both person and property, which is a pain)
Is there a successor trustee of her trust? There is not a simple answer to your question that brings up further questions. Are there siblings?
You need to talk to an elder law attorney. Do not make this decision without consulting with one.