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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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Hi, just wanted to add my two cents. Please check your state's laws. Here in Texas I found out that a POA becomes null and void once that person is deceased. As my honey and I were not married (even common law) once he passed away, his brother had to step in as legally I could not make any decisions for my honey as far as his cremation etc. (hope this makes sense).
You might need to ask a lawyer. Under what circumstances was the POA filed with the county clerk? Was the person deemed incompetent? If so, then how could the person have been considered legally competent to sign a new, more recent POA?
Someone who is legally competent can choose to change their POA at any time. The most recent POA is the usually the valid one for a person who can still make their own decisions.
I don't like the one typed signed and notarized. I believe in going to a lawyer for this. In my state they don't have to be filed with the County Clerk but I like that idea. Then its public info.
I go with the newest one but it should say the first is null and void. Is the lawyer still around who drew up the first one? Second one may not be legal. I think asking a lawyer would be your best bet.
The only reason it wouldn't be is if there is a problem with its validity. It doesn't sound like there is, but is somebody challenging it on those grounds?
Well the most recent doc probably says something about how it makes the old one null and void. Does the new one list the same person as POA? Is there a conflict? We are advised to update legal documents. Some institutions will not accept older POAs. However, your bio indicates that your mom has Alz. Is the POA in question for her or someone else? If it is for her there is the question of whether or not she was competent at the time the recent one was signed. Hope this helps.
Mom was competent for both. The newer one has current husband and myself as POA’s. Previous list other family members. No one is contesting just wanted to make sure that I didn’t have to disclose the previous one especially since it is on file with county clerks office. Attny who did the first one has retired.
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.
Just wanted to give y'all a heads up.
We were told that filing with the county clerk is an option but not a requirement.
If you foresee issues you would be safer filing the new one.
Someone who is legally competent can choose to change their POA at any time. The most recent POA is the usually the valid one for a person who can still make their own decisions.
I go with the newest one but it should say the first is null and void. Is the lawyer still around who drew up the first one? Second one may not be legal. I think asking a lawyer would be your best bet.
The only reason it wouldn't be is if there is a problem with its validity. It doesn't sound like there is, but is somebody challenging it on those grounds?
We are advised to update legal documents. Some institutions will not accept older POAs.
However, your bio indicates that your mom has Alz. Is the POA in question for her or someone else? If it is for her there is the question of whether or not she was competent at the time the recent one was signed.
Hope this helps.