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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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No and No she is not capable of signing anything. I have been signing for her for a while. She has my name on all bank accounts and executor of the will.
also, when I signed my moms POA. it was in front of her attorney and then notorized. and then sent to the courts (?) and recorded in county records. did someone have this done?
Here's an odd suggestion: if there's an agency who knows/trusts you and they have a copy of the POA [such as the ALF your mother's in] perhaps tell them what's happened and ask for a copy? Being prepared to show proper ID, of course.
Sophia, look on the left side of any documents you have, such as the Will (which I assume you have a copy of as you're Executrix). Most law firms I'm familiar with used what was used to known as "pleading paper", also used for estate planning documents. The name of the firm is on the left side, creating the left side margin.
Also, check who witnessed the Will and who notarized it. Often the attorney witnesses and one of the staff notarizes. If the notary is the same as one of the witnesses, there's a high possibility execution took place at the law firm of the attorney who prepared it.
Since you're co-signers on the bank account, I assume you've been handling her finances for a while? Do you have old checkbooks, old bank statements that you can check for payments to an attorney or law firm?
Check with the county to see if POAs are required to be filed/recorded. If so, pay the small charge to get a copy of it.
Where I live, the Power of Attorney and Wills are not recorded at the Court House. I know mine weren't, never were my late parents. Just not the norm here.
One would need to dig through a parent's file drawers or desks to see if the original is there. Sometimes elders will place such documents in a Bank Safety Deposit Box. Or in what is called a "strong box" which my Dad had hidden in his closet with a hatch lock... finding the key was another matter :P I was lucky, my parents had given me a copy of their Power of Attorneys and copies of their Wills many years ago. That is when I noticed such documents were older then dirt.
I agree with GardenArtist about the name of the law firm being in left upper corner of any legal documents that they have created. Usually there is also a heavy blue or grey paper cover.
Has your mother been in the hospital since the papers were signed? If so, possible they have a copy in her medical records. Definitely a copy of the medical power of attorney will be there, if she had it when she was admitted/ or got it while there. Possible the durable power of attorney will be there also.
CaptainSophia, if your Mom has a lot of assets, then I would recommend an "Elder Law Attorney" to draw up the Power of the Attorney, that is if your Mom is still able to understand what is a POA and that she would need to appoint a person to represent her.
My Power of Attorney is 17 pages long, it covers a lot of things that a POA off the internet wouldn't have. Plus my Elder Law Attorney requested that I have two names on the POA. One is my sig other, and the other is the Attorney herself [or the firm] as I have no immediate heirs.
My mother's doctor's office has a copy of her health POA and my mom's bank has a copy of her Financial POA. See if this is the same for your mom and ask them for a copy.
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.
you have copy of will?
are you POA or is someone else?
do you know for sure there is a POA? but it just got mis-placed or lost?
did someone have this done?
Also, check who witnessed the Will and who notarized it. Often the attorney witnesses and one of the staff notarizes. If the notary is the same as one of the witnesses, there's a high possibility execution took place at the law firm of the attorney who prepared it.
Since you're co-signers on the bank account, I assume you've been handling her finances for a while? Do you have old checkbooks, old bank statements that you can check for payments to an attorney or law firm?
Check with the county to see if POAs are required to be filed/recorded. If so, pay the small charge to get a copy of it.
One would need to dig through a parent's file drawers or desks to see if the original is there. Sometimes elders will place such documents in a Bank Safety Deposit Box. Or in what is called a "strong box" which my Dad had hidden in his closet with a hatch lock... finding the key was another matter :P I was lucky, my parents had given me a copy of their Power of Attorneys and copies of their Wills many years ago. That is when I noticed such documents were older then dirt.
I agree with GardenArtist about the name of the law firm being in left upper corner of any legal documents that they have created. Usually there is also a heavy blue or grey paper cover.
What would you do now?
My Power of Attorney is 17 pages long, it covers a lot of things that a POA off the internet wouldn't have. Plus my Elder Law Attorney requested that I have two names on the POA. One is my sig other, and the other is the Attorney herself [or the firm] as I have no immediate heirs.
Doctor
Hospital
Constable
Notary Public
They all may have a copy of the POA doc, especially the physician.