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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.
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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.
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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.
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This may vary by state. As advised by one of the attorneys for whom I used to work, about 20 years ago the Michigan EPIC statute was enacted and changed the designation of a person(s) handling someone's Will from Executor or Executrix to"Personal Representative".
I haven't done any legal research to determine if there's been an amendment or change and am assuming that this is still the designated description.
So, in Michigan, Personal Representative is the individual designated in a Will to manage someone's estate, with the authority granted by Michigan in the EPIC statute or previously existing statutes which were't affected by EPIC.
A legal representative can have varied duties, across a spectrum of legal issues beyond estate issues. It could also business aplications, such as when a proxy is selected to represent shareholders at annual meetings.
A legal representative could also be someone with limited authority pursuant to a Limited Durable Power of Attorney, such as when property owners grant someone the authority to execute real estate documents on their behalf b/c they won't be physically available, such as being out of town, on vacation, etc.
Dee, authorizing a farm manager with a LPOA is an excellent example of another kind of business application.
I'm a bit concerned about a SW Asst. who would meddle in a power of attorney issue, but am glad you got it straightened out. And to "assist your mother in changing the proxy to the family attorney is in my opinion way beyond the scope of her duties. She overstepped her bounds. And clearly, she has no concept of the financial implications.
While individual family proxies might be compensated, depending on a lot of factors, and attorney WILL charge, and depending on the jurisdiction and experience of the attorney, it could be up to $400 - $500 an hour. That's a significant obligation to burden someone's estate.
An attorney in a sizeable firm would likely assign most of the work to a paralegal, bringing the hourly cost down, but depending on the firm, the attorney may still oversee all of the paralegal's work.
In my experience, there's only been one or two SWs who were even knowledgeable about the different kinds of POAs. Some were just kids, plodding through and clearly lacking in interest about their patients.
The personal representative cannot deal directly with financial matters, with medical matters, or any legal business.
For example...Social Security will not discuss matters with anyone except the person the social security number belongs to...or the legally designated representative,
I cannot think what good it is to have a personal representative that has not legal power. I don't think such a person would have much if any authority at all
I did an internet Yahoo Search of "difference between the Personal Representative and Power of Attorney" and found several sources. I believe that the difference between the Personal Representative and Power of Attorney may vary from state to state. However, from what I have read, the Personal Representative is usually someone who administers the estate after the person has passed away and the Power of Attorney is someone who is appointed by a person while they are alive to take care of that person’s financial needs, health and welfare needs and other day-to-day to issues (i.e. paying bills) when that person becomes incapacitated (or incompetent) for reasons stated in the POA document.
My Mother's Durable POA document did not require that she be declared incompetent for me to act as POA. Her document stated that if she became or was incapacitated due to hospitalization or residing in a nursing home, that I could attend to her financial needs, health and welfare needs and other day-to-day to issues. When the Nursing Home's Social Service Assistant "riled Mom up" (got Mom upset about paying her NH bills) and then helped Mom change her POA to our Family Attorney; the clause about Mom being incapacitated as a reason for invoking her POA really supported me so that Mom's Attorney Ad Lidem gave Mom's POA back to me.
An example of a Limited Power of Attorney: You own a business or a farm in one state and you lived in another state so you give the "Business Manager" or "Farm Manger" limited power to sign required papers or to write/deposit checks associated with the business or farm.
The wording of a Durable POA or "Springing" POA document or POA document is extremely important as it tells everyone WHEN a person's POA can be invoke by the POWER of that POA.
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.
I haven't done any legal research to determine if there's been an amendment or change and am assuming that this is still the designated description.
So, in Michigan, Personal Representative is the individual designated in a Will to manage someone's estate, with the authority granted by Michigan in the EPIC statute or previously existing statutes which were't affected by EPIC.
A legal representative can have varied duties, across a spectrum of legal issues beyond estate issues. It could also business aplications, such as when a proxy is selected to represent shareholders at annual meetings.
A legal representative could also be someone with limited authority pursuant to a Limited Durable Power of Attorney, such as when property owners grant someone the authority to execute real estate documents on their behalf b/c they won't be physically available, such as being out of town, on vacation, etc.
I'm a bit concerned about a SW Asst. who would meddle in a power of attorney issue, but am glad you got it straightened out. And to "assist your mother in changing the proxy to the family attorney is in my opinion way beyond the scope of her duties. She overstepped her bounds. And clearly, she has no concept of the financial implications.
While individual family proxies might be compensated, depending on a lot of factors, and attorney WILL charge, and depending on the jurisdiction and experience of the attorney, it could be up to $400 - $500 an hour. That's a significant obligation to burden someone's estate.
An attorney in a sizeable firm would likely assign most of the work to a paralegal, bringing the hourly cost down, but depending on the firm, the attorney may still oversee all of the paralegal's work.
In my experience, there's only been one or two SWs who were even knowledgeable about the different kinds of POAs. Some were just kids, plodding through and clearly lacking in interest about their patients.
For example...Social Security will not discuss matters with anyone except the person the social security number belongs to...or the legally designated representative,
I cannot think what good it is to have a personal representative that has not legal power. I don't think such a person would have much if any authority at all
I believe that the difference between the Personal Representative and Power of Attorney may vary from state to state. However, from what I have read, the Personal Representative is usually someone who administers the estate after the person has passed away and the Power of Attorney
is someone who is appointed by a person while they are alive to take care of that person’s financial needs, health and welfare needs and other day-to-day to issues (i.e. paying bills) when that person becomes incapacitated (or incompetent) for reasons stated in the POA document.
My Mother's Durable POA document did not require that she be declared incompetent for me to act as POA. Her document stated that if she became or was incapacitated due to hospitalization or residing in a nursing home, that I could attend to her financial needs, health and welfare needs and other day-to-day to issues. When the Nursing Home's Social Service Assistant "riled Mom up" (got Mom upset about paying her NH bills) and then helped Mom change her POA to our Family Attorney; the clause about Mom being incapacitated as a reason for invoking her POA really supported me so that Mom's Attorney Ad Lidem gave Mom's POA back to me.
An example of a Limited Power of Attorney: You own a business or a farm in one state and you lived in another state so you give the "Business Manager" or "Farm Manger" limited power to sign required papers or to write/deposit checks associated with the business or farm.
The wording of a Durable POA or "Springing" POA document or POA document is extremely important as it tells everyone WHEN a person's POA can be invoke by the POWER of that POA.