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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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Sorry for your loss. When we die the POA dies with us. It is a useless document with which nothing can be done in so far as the Mother is concerned. The power now moves to the Executor of the will for the Mother. The POA cannot sell the house or do anything else as regards the MOM. HOWEVER, if the son also has POA for the Dad, and the Dad is incompetent to act in his own behalf, then the son can sell the house if his POA is well written. The proceeds of the sale of the house, if it belongs to the dad, belong to the Dad, and will go to pay his bills. It is imperative that the Financial POA keep meticulous records of his expenditures for the person he is agent for. If you see indications that the house was sold and the money kept by the son in his personal accounts you will need to go to a lawyer with EVIDENCE of this fraud. You may also want to report the son to APS if you suspect there is Financial abuse happening.
POA expires with the person it's for. So the mother's son's power of attorney no longer gives him any authority to do anything with her property - it's waste paper.
If the son also has POA for the father - does he? - then it depends on what type of POA it is and on what it says in the documentation. He MAY have the power to sell property, he MAY have the power to have his father admitted to a nursing home. He will not have any legal power to keep his father's money, if by that you mean to keep it for himself, and he will not legally be able to have his father admitted to a nursing home and then not use his father's money to pay for his father's bills.
In fact, that is exactly the sort of semi-fraudulent and wholly abusive behaviour that the Filial Responsibility Laws target. Not to mention APS.
Are these people related to you? Do you have any input and/or influence?
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.
HOWEVER, if the son also has POA for the Dad, and the Dad is incompetent to act in his own behalf, then the son can sell the house if his POA is well written. The proceeds of the sale of the house, if it belongs to the dad, belong to the Dad, and will go to pay his bills. It is imperative that the Financial POA keep meticulous records of his expenditures for the person he is agent for.
If you see indications that the house was sold and the money kept by the son in his personal accounts you will need to go to a lawyer with EVIDENCE of this fraud. You may also want to report the son to APS if you suspect there is Financial abuse happening.
If the son also has POA for the father - does he? - then it depends on what type of POA it is and on what it says in the documentation. He MAY have the power to sell property, he MAY have the power to have his father admitted to a nursing home. He will not have any legal power to keep his father's money, if by that you mean to keep it for himself, and he will not legally be able to have his father admitted to a nursing home and then not use his father's money to pay for his father's bills.
In fact, that is exactly the sort of semi-fraudulent and wholly abusive behaviour that the Filial Responsibility Laws target. Not to mention APS.
Are these people related to you? Do you have any input and/or influence?
Call an elder attorney and get advice about how to handle this situation with your brother.
Does your father have all of his facilities? Any dementia or other symptoms of cognitive decline?
It’s so sad when there is friction between siblings. I dealt with friction too. It’s terribly difficult and frustrating.
Wishing you peace during this disturbing time.