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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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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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Guardian or fiduciary? Friend had to have a fiduciary for finances. She would've blown all her money on frivolous things, like a rollercoaster in the backyard if she wanted one.. Or anything that wasn't necessary.. when she needed funds she had to request and give reasons for it. It lasted 10 years. She needed a car, and fiduciary sent her the funds for it..she's a very smart person, but her dad wanted her to be comfortably financially secure. They have your best interest . I know you don't see it that way, but they are protecting you.. perhaps I read into it the wrong way(?)
If the person posting this question doesn’t have the wherewithal to clearly explain their situation or answer any questions, I think that’s the answer right there. They may not like it, but guardianships aren’t made lightly. There is probably a good reason.
My husband and brother in law have guardianship of their sister, who is developmentally disabled. It was a long process — interviews, psychiatric reports, going before a judge to finalize everything.
It is a huge deal because you are terminating someone’s right to their autonomy which is no small thing.
if you have the capacity to find this website and ask this question, why should you need a guardian?
As everyone is saying, there is a process. Do you already have a guardian or is someone trying to get guardianship? And if so, why?
A person files for guardiandhip on another. That person has to prove to a Judge that the person they are trying to get guardianship for is incompetent to make informed decisions. They will have to prove this incompentcy by having the person tested by doctors saying this is true. The person filing needs a lawyer to do this and its expensive. You too need a lawyer to prove that you don't need a guardian. That lawyer will make sure you see a doctor to say you don't need one.
If you already have a guardian, you need a lawyer to try and get it revoked. If you have a guardian, you can't assign a POA, guardianship overrides POA even if the POA was assigned before the guardianship was granted.
An individual person doesn't always have to petition the court for guardianship of another person. A LTC facility will often try to get guardianship/conservatorship over their residents even if they already have someone who is their guardian/conservator or POA who is doing the job. They will do this if that person doesn't just blindly hand over every cent and wants to see records, receipts, and bills.
The court may also appoint a guardian/conservator over a person if they get arrested and it's determined that they are unfit to be in charge of themselves. When the court can't find family to take it on, a lawyer gets apointed. There are lawyers that only do guardianship/conservatorship as their scope of practice. Sometimes one lawyer can be the guardian/conservator for hundreds of people.
If the OP has a court-ordered guardian they will have to comply with whatever the court demands and prove at their next court hearing that they can look after themselves.
If the court appointed a guardian/conservator over you, the process of how this is done and why is supposed to be explained to you by either the judge who ruled on it, a lawyer (you had a lawyer representing your interests which is required), or a social worker.
After the judge rules for the placement of a guardian/conservator they will make a return court date for the parties (unless there's no chance of the person being able to take charge of themselves like they have dementia). At such time everyone goes back to court with medical and psychiatric documentation to petition for either it's removal (when the person is declared well enough to care for themselves) or for the ruling to stand (the person has not demonstrated improvement enough to be able to care for themselves or make decisions and there isn't adequate medical/psychiatric documentation to support removing it).
You can't just find a doctor to say you're fine and get a guardianship lifted. Do whatever the judge has ordered you do, and there are orders from the court. They may include keeping medical/psychiatric appointments, checking in with a probation officer, or treatment in an addiction program. Then when your next court date comes up, demonstrate to the court that you've complied and you're well enough not to need a guardian.
Who is it that thinks you need a guardian (or do you have one assigned right now)?
A judge makes the final decision, so you should get an elder law attorney first. This attorney will figure out how to prove you don't need a guardian (it may require cognitive and physical exams, or a visit from social services or both). Then your attorney takes the proof to the judge.
But I agree with funkygrandma59 who wisely suggests that you assign a DPoA right now because at least you'd be picking your own legal representative and not be assigned a third party person through the courts.
Do you not already have a doctor that can help you with that, or are they the ones that are saying that you in fact do need a guardian? And if you're not wanting/needing a guardian right now, why don't you just designate someone you trust to be your medical and financial POA for when the time comes?
That isn't how adult guardianship works. If a person has been declared incompetent for some reason like mental illness or brain damage, they don't get to appoint their own guardian. Sometimes in cases where say a person is born mentally disabled or becomes so when they are minors, their parents are their legal guardians. They would be the ones who appoints a different guardian in their stead if say they died or became incapacitated themselves.
In a guardian and/or conservator is court-ordered the only way that gets removed is if the judge grants it and there is medical and psychiatric evidence to support the removal.
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.
Or anything that wasn't necessary..
when she needed funds she had to request and give reasons for it. It lasted 10 years. She needed a car, and fiduciary sent her the funds for it..she's a very smart person, but her dad wanted her to be comfortably financially secure.
They have your best interest . I know you don't see it that way, but they are protecting you..
perhaps I read into it the wrong way(?)
It is a huge deal because you are terminating someone’s right to their autonomy which is no small thing.
if you have the capacity to find this website and ask this question, why should you need a guardian?
A person files for guardiandhip on another. That person has to prove to a Judge that the person they are trying to get guardianship for is incompetent to make informed decisions. They will have to prove this incompentcy by having the person tested by doctors saying this is true. The person filing needs a lawyer to do this and its expensive. You too need a lawyer to prove that you don't need a guardian. That lawyer will make sure you see a doctor to say you don't need one.
If you already have a guardian, you need a lawyer to try and get it revoked. If you have a guardian, you can't assign a POA, guardianship overrides POA even if the POA was assigned before the guardianship was granted.
An individual person doesn't always have to petition the court for guardianship of another person. A LTC facility will often try to get guardianship/conservatorship over their residents even if they already have someone who is their guardian/conservator or POA who is doing the job. They will do this if that person doesn't just blindly hand over every cent and wants to see records, receipts, and bills.
The court may also appoint a guardian/conservator over a person if they get arrested and it's determined that they are unfit to be in charge of themselves. When the court can't find family to take it on, a lawyer gets apointed. There are lawyers that only do guardianship/conservatorship as their scope of practice. Sometimes one lawyer can be the guardian/conservator for hundreds of people.
If the OP has a court-ordered guardian they will have to comply with whatever the court demands and prove at their next court hearing that they can look after themselves.
After the judge rules for the placement of a guardian/conservator they will make a return court date for the parties (unless there's no chance of the person being able to take charge of themselves like they have dementia). At such time everyone goes back to court with medical and psychiatric documentation to petition for either it's removal (when the person is declared well enough to care for themselves) or for the ruling to stand (the person has not demonstrated improvement enough to be able to care for themselves or make decisions and there isn't adequate medical/psychiatric documentation to support removing it).
You can't just find a doctor to say you're fine and get a guardianship lifted. Do whatever the judge has ordered you do, and there are orders from the court. They may include keeping medical/psychiatric appointments, checking in with a probation officer, or treatment in an addiction program. Then when your next court date comes up, demonstrate to the court that you've complied and you're well enough not to need a guardian.
A judge makes the final decision, so you should get an elder law attorney first. This attorney will figure out how to prove you don't need a guardian (it may require cognitive and physical exams, or a visit from social services or both). Then your attorney takes the proof to the judge.
But I agree with funkygrandma59 who wisely suggests that you assign a DPoA right now because at least you'd be picking your own legal representative and not be assigned a third party person through the courts.
And if you're not wanting/needing a guardian right now, why don't you just designate someone you trust to be your medical and financial POA for when the time comes?
That isn't how adult guardianship works. If a person has been declared incompetent for some reason like mental illness or brain damage, they don't get to appoint their own guardian. Sometimes in cases where say a person is born mentally disabled or becomes so when they are minors, their parents are their legal guardians. They would be the ones who appoints a different guardian in their stead if say they died or became incapacitated themselves.
In a guardian and/or conservator is court-ordered the only way that gets removed is if the judge grants it and there is medical and psychiatric evidence to support the removal.