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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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Why? It is actuAlly the POA's responsibility to keep information private. You must have a very sad situation. I am sorry. No you would probably never find an attorney to take a case like this. You could try.
Sue? No. For what? You have to have standing in a lawsuit, i.e. be an injured party. It sounds like you're a third party with no personal involvement.
How do you know the woman is dying? Do you know if it's her wish that her daughter not be told? Maybe there's a good reason why the daughter's not POA.
No. POA doesn't have to tell a daughter anything. POA is to act as directed by the person who appointed him or her. If the person who appointed him or her is no longer able to make decisions then the POA is to act as they believe the person WOUJLD HAVE acted or to act in the "best interests" of the person if they believe something IS in the best interests. The POA doesn't not have to/should not divulge information either medical or financial to others. They are a Fiduciary with legal duties ONLY TO THE PERSON WHO APPOINTED them to this position. If you suspect abuse then make your suspicions known to Adult Protective services and open a case with them having all of your documentation of wrong doing.
Are you the daughter? Because that's the only person that can sue. Please, writing in 3rd party is so hard for us. You will get responses that have nothing to do with the problem.
If the mother does not want the daughter to know she is dying, then the POA can do nothing. The POA is the mother's representative and makes decisions on what the wishes of the mother are. If the mother is not able to express those wishes now, maybe she expressed them before she became incapable to do so.
Of course as my Mom's medical POA, I informed my siblings she was dying. I knew my Mom and she would not have objected to her kids knowing. Then their are people who use their POA for their own personal reasons. If ur the daughter and know Mom is dying, then go see her. But I don't think u have grounds to sue.
MJ1929 states what I would write. But first, is this proxy appointed pursuant to a medical POA? If not, why is his person involved in the mother's care but the family (apparently??) isn't?
Lawsuits have to be classified. What is your cause of action, I.e., the basis for suit? Are you considering this to be negligence? General Civil? Breach of fiduciary capacity? Fraud? There has to be a legitimate cause of action to sustain a civil suit.
What are the mitigating factors of either position, i.e., not tell the daughter (you?), or telling the daughter?
What would happen is this:
1. No attorney with a good practice or common sense would take such a "case".
2. If you found a shyster to take the "case", you would most likely be required to provide significant retainer up front. You have no control over what the attorney does, including whether or not he/she files a suit, or doesn't. Any retainer could be exhausted with pre-litigation research. And you'd likely be told what we're telling you.
3. Even if someone did file a suit, the defendant would likely hire counsel who would quickly file a Motion to Dismiss, on the grounds that there is no cause of action. And more than likely the judge would grant the dismissal, and award costs to the Defendant's attorney. That means that YOU would pay for the costs of the suit.
4. If you don't pay, a judgment would be entered against you. It would be recorded in the county register of deeds, accrue interest likely at the state rate, and would be a lien against your property, and possibly some of your assets, until paid. It could bankrupt you.
I think the better approach is to find a way to get along with this proxy (someone who serves pursuant to a POA or DPOA). What are the issues behind not telling the daughter the status of her mother?
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.
How do you know the woman is dying? Do you know if it's her wish that her daughter not be told? Maybe there's a good reason why the daughter's not POA.
I'd say the POA would like you to MYOB.
If you suspect abuse then make your suspicions known to Adult Protective services and open a case with them having all of your documentation of wrong doing.
Probably won't win though.
If the mother does not want the daughter to know she is dying, then the POA can do nothing. The POA is the mother's representative and makes decisions on what the wishes of the mother are. If the mother is not able to express those wishes now, maybe she expressed them before she became incapable to do so.
Of course as my Mom's medical POA, I informed my siblings she was dying. I knew my Mom and she would not have objected to her kids knowing. Then their are people who use their POA for their own personal reasons. If ur the daughter and know Mom is dying, then go see her. But I don't think u have grounds to sue.
Lawsuits have to be classified. What is your cause of action, I.e., the basis for suit? Are you considering this to be negligence? General Civil? Breach of fiduciary capacity? Fraud? There has to be a legitimate cause of action to sustain a civil suit.
What are the mitigating factors of either position, i.e., not tell the daughter (you?), or telling the daughter?
What would happen is this:
1. No attorney with a good practice or common sense would take such a "case".
2. If you found a shyster to take the "case", you would most likely be required to provide significant retainer up front. You have no control over what the attorney does, including whether or not he/she files a suit, or doesn't. Any retainer could be exhausted with pre-litigation research. And you'd likely be told what we're telling you.
3. Even if someone did file a suit, the defendant would likely hire counsel who would quickly file a Motion to Dismiss, on the grounds that there is no cause of action. And more than likely the judge would grant the dismissal, and award costs to the Defendant's attorney. That means that YOU would pay for the costs of the suit.
4. If you don't pay, a judgment would be entered against you. It would be recorded in the county register of deeds, accrue interest likely at the state rate, and would be a lien against your property, and possibly some of your assets, until paid. It could bankrupt you.
I think the better approach is to find a way to get along with this proxy (someone who serves pursuant to a POA or DPOA). What are the issues behind not telling the daughter the status of her mother?