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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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There is already a living trust in place. We found a the caregiver did this by seeing the charge to her bank account. Caregiver says my aunt told him to do it and wanted the family left out completely.
Caregivers do not draw up Living Trusts. A living Trust is a document drawn up by a lawyer FOR a client on her specifying what is to be done. A RATIONAL client. Something is off here. Was this one of those crazy things where they download it, and have it notarized and there is no lawyer present? If so, is this the first time that your aunt has given POA? Is this person from an agency that vetted him. Have YOU vetted him, or whomever hired him? If this was done without a lawyer and with a demented Aunt then you need to file a police report at once, as this could be elder abuse. You need to speak with the aunt. Does she fully understand what she has done and has she told you why she did it. We need a LOT more information here.
Second, do you have a copy of the new Trust, and if so, does it completely revoke and replace the existing LT?
Third, apparently someone in the family has access to the bank account records. On what basis? Are any of you subject to DPOA appointments?
Fourth, you use the word "charge" to the bank account. Did she write a check to this person? Is she suffering from any dementia or cognitive dysfunction that might affect her ability and clarity to know what she's paying for?
There are other questions, including recourse options, but it's important to know the basic facts first.
BTW, what information can you provide on this caregiver? Age, length of service, method of hiring, etc.
Nbenson, I see from your profile that your Aunt is 91 years old. Honestly, I am very surprised that your Aunt has a male as her caregiver, this is out of the norm. Who had placed the caregiver in her home to take care of her? Was he from a licensed caregiving Agency?
Normally an Elder Law Attorney would speak to your Aunt in private, without any family members or even the caregiver in the office. That way the Attorney can see if the elder is of clear mind. Then go over the legal documents that she would need, and who would get what.
Since the caregiver was able to take the Aunt to an Attorney, so can you or whomever is your Aunt's Power of Attorney. That person can make a new Trust. It maybe suggested that a Irrevocable Trust be made, or gain Guardianship.
If your Aunt is in fact of clear mind, then she can do whatever she wishes with her estate. What has me scratching my head, why didn't she have the Attorney be her Executor instead of the Caregiver, if she didn't want the family involved? And why would the caregiver even accept this position as Executor?
Please get a better background check on that caregiver. I doubt the agency did any at all, if that happened. Also, have lawyer decide if you need a police report filed. That should get you started on reversing any bogus paperwork. You may have a case against the agency, if they never did a background check. Everyone here: don't ever leave your LO alone with any unknown person for care, or cleaning job, or anything! Too many criminals see them a 'sitting ducks'! God help us...
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.
Are you her POA (and is that why you are able to see her bank statements?)
Have you asked your aunt about why she did this?
Second, do you have a copy of the new Trust, and if so, does it completely revoke and replace the existing LT?
Third, apparently someone in the family has access to the bank account records. On what basis? Are any of you subject to DPOA appointments?
Fourth, you use the word "charge" to the bank account. Did she write a check to this person? Is she suffering from any dementia or cognitive dysfunction that might affect her ability and clarity to know what she's paying for?
There are other questions, including recourse options, but it's important to know the basic facts first.
BTW, what information can you provide on this caregiver? Age, length of service, method of hiring, etc.
Normally an Elder Law Attorney would speak to your Aunt in private, without any family members or even the caregiver in the office. That way the Attorney can see if the elder is of clear mind. Then go over the legal documents that she would need, and who would get what.
Since the caregiver was able to take the Aunt to an Attorney, so can you or whomever is your Aunt's Power of Attorney. That person can make a new Trust. It maybe suggested that a Irrevocable Trust be made, or gain Guardianship.
If your Aunt is in fact of clear mind, then she can do whatever she wishes with her estate. What has me scratching my head, why didn't she have the Attorney be her Executor instead of the Caregiver, if she didn't want the family involved? And why would the caregiver even accept this position as Executor?