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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.
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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No, of course not. YOU are the one who confers upon a person of your choice a POA. It is done by YOU in a Lawyer's office (hopefully.). Now you do not say if your husband has dementia or is of sound mind. If he conferred POA upon his daughter by his own choice and with a Lawyer and witnesses, then that is likely legal. If, however, your stepdaughter did this action on her own with some online paperwork and her own witnesses you need to seek a Lawyer and need to file for guardianship of your husband. Guardianship or conservatorship outweighs POA. Speak with your husband and ask him if he remembers signing any papers. If not, it may be time to have your OWN lawyer visit and do another POA with you as the POA. My brother and I did this, in fact, while he was in Hospital and in Rehab. His Lawyer attended where he was, examined him for competency, and the POA and Trustee of Trust work was done. Most Lawyers are also Notaries and can do this work with one single visit. You may be present though he will want to speak with your husband with you not present in order to know his wishes and examine for competency to make this decision.
They could get one without you knowing about it, but not without your husband knowing about it, as he would have had to sign the paperwork(usually in front of a lawyer)and must be of sound mind to do so. Is this something perhaps that they both agreed upon years ago? I would certainly ask to see the POA paperwork, and make sure that it's legal and that in fact it is his signature.
I would ask her to produce the POA. Your husband needed to be there when he assigned her. He needs to sign the POA and have witnesses sign it. Check with the rehab and see if something was done there or they have a copy.
A lawyer is not required to grant a POA, but your husband would have had to sign it in front of a notary public and perhaps a witness, depending on where he lives.
Sounds a little iffy, unless this is something your husband granted a long time ago. My husband and I are only in our late fifties, and we've already done POAs naming our son, but I doubt he'll need to use it for 30 years. Your step-daughter could conceivably have a very old POA in hand. I'd ask the rehab hospital to see a copy of it if she's given it to them.
There's something you're leaving out here that one of them (the daughter or father) are not telling you. If the daughter petitioned the probate court they would have appointed her conservator not POA. If such is the case the court would have appointed a lawyer for him to represent his interests. Who signed the paperwork to admit him into rehab after his stroke? You as his legal spouse have the right to see that paperwork. There will also be a copy of the POA the daughter has. The rehab is obligated to be transparent with you because you are the legal spouse. Then connect the dots and you'll find out what happened. The POA will be dated, there will be signatures on it and if it was done at a lawyer's office their stamp and information will be on it.
No. Whatever legal authority your stepdaughter obtained to act for her father, your husband, it cannot have been a power of attorney - or at least not without his knowing about it.
Is it possible he did know but either didn't want to or didn't think to tell you about it?
No, your husband had to appoint your step-daughter as his POA, she can't appoint herself as his POA. If your step-daughter had her father sign something, then your husband needs to revoke it. If he signed nothing, she is not his POA.
You may want to ask your husband if agreed to have his daughter as his POA; if he signed something his daughter gave him and go from there.
My parents appointed me as their POA - their attorney drew up the document and signed it. (We later had to have it redrawn as it didn't include everything they wanted in it.) My father has since died and as far as my mother while she is still competent she can revoke it at any time.
No, any one person (in this case, your step daughter) cannot become someone's agent (Power of Attorney) without their knowledge since the process must involve the principal (in this case, your husband) signing the document in the presence of a Notary Public along with the agent (your step daughter).
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.
Sounds a little iffy, unless this is something your husband granted a long time ago. My husband and I are only in our late fifties, and we've already done POAs naming our son, but I doubt he'll need to use it for 30 years. Your step-daughter could conceivably have a very old POA in hand. I'd ask the rehab hospital to see a copy of it if she's given it to them.
If the daughter petitioned the probate court they would have appointed her conservator not POA.
If such is the case the court would have appointed a lawyer for him to represent his interests.
Who signed the paperwork to admit him into rehab after his stroke?
You as his legal spouse have the right to see that paperwork. There will also be a copy of the POA the daughter has. The rehab is obligated to be transparent with you because you are the legal spouse.
Then connect the dots and you'll find out what happened. The POA will be dated, there will be signatures on it and if it was done at a lawyer's office their stamp and information will be on it.
Is it possible he did know but either didn't want to or didn't think to tell you about it?
You may want to ask your husband if agreed to have his daughter as his POA; if he signed something his daughter gave him and go from there.
My parents appointed me as their POA - their attorney drew up the document and signed it. (We later had to have it redrawn as it didn't include everything they wanted in it.) My father has since died and as far as my mother while she is still competent she can revoke it at any time.
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