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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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Probably, by getting legal assistance on how to invalidate the POA, assuming that the parent was in fact unable to understand what he or she was granting. And that depends on the seriousness/stage of the ALZ and at what cognitive level the parent was functioning.
Is the proxy under the POA selling the home to get funds to keep your parent in a facility? What are the other facts on this issue?
If the parents are married and the home is the marital residence, the POA could not legally sale it in most states without the consent of the other parent - even if the house was titled in only one parent's name. I don't think even Medicaid pushes the non-ill spouse out of the home. If I remember correctly, Medicaid places a lean on the home and gets their money when the house sales after the other spouse moves or dies.
If only the ALZ patient was living in the home and it was titled in only the patient's name, then the POA could sale it, but you can still challenge the validity of the POA. You need to see a good elder law attorney. Filing for Guardianship might be the best way to challenge the POA.
Is the other parent one of family members not in favor of the house sale? If she is living there the POA could not sell without her agreement. In fact, I doubt he could even find a real estate agent to list it without the other spouse's signature.
If they both want to sell, then the POA is responsible for making that happen. But he can't impose it against their wishes.
As has been explained, if the home is owned by both parents, then the son will not be able to sell it using only his POA on behalf of one of them.
But you're asking what the siblings should do about the situation. And I would first like to ask: what are the siblings' reasons for disagreeing with the sale of the house? And what are the siblings' proposals for providing care for both parents?
It's a question of who is doing the actual work, you see.
Juanderful, you've gotten good advice from all prior responders, given our limited knowledge of the situation. If, after answering the questions asked, it is clear that your interest in your parents' house coincides with what is in their best interest and assuming that the house title situation will actually allow the POA to sell it, then, as GardenArtsist suggested, you could challenge the legality of the POA, but that may be a difficult (i.e. expensive) case to win or not, depending on details of your dad's dementia diagnosis. If a POA challenge looks to be difficult, then, as TNtechie suggested, filing for guardianship may be the best solution. Guardianship/conservatorship, if granted, voids any and all POAs. It will also be expensive, but perhaps no more so than a difficult POA challenge.
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.
Is the proxy under the POA selling the home to get funds to keep your parent in a facility? What are the other facts on this issue?
If only the ALZ patient was living in the home and it was titled in only the patient's name, then the POA could sale it, but you can still challenge the validity of the POA. You need to see a good elder law attorney. Filing for Guardianship might be the best way to challenge the POA.
If they both want to sell, then the POA is responsible for making that happen. But he can't impose it against their wishes.
As has been explained, if the home is owned by both parents, then the son will not be able to sell it using only his POA on behalf of one of them.
But you're asking what the siblings should do about the situation. And I would first like to ask: what are the siblings' reasons for disagreeing with the sale of the house? And what are the siblings' proposals for providing care for both parents?
It's a question of who is doing the actual work, you see.