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Mostly Independent
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Geaton is correct. You can't. Do consider, if hubby in facility at this point, reaching out to the Social Workers. They will often be able to assist in getting temporary guardianship that you can more easily pursue to be permanent. In some states it is as easy as a phone call when they have the doctor's evals. Good luck to you and I hope you will update. As a PS, if you were both wise enough to do wills before this happened, get them out, because almost all wills have a DPOA or Spring POA document that allows one spouse POA for another after evaluation of two MDs. Check that for certain.
Consult an attorney about what you can and cannot do right now . As spouse , you likely have joint accounts and such. Did he sign a health care proxy , living will etc in the past? you may need to rely on such existing mechanisms. But if those do not allow you to do what you need to do, you may need to get guardianship as mentioned . Need attorney help and guidance
Ordinarily, when you make a will or a revocable trust the attorney asks who will serve if something should happen BEFORE death. It's most often called a spring POA. A seperate document just as perhaps a living will or advance directive are done at the time of making the will. Most good attorneys suggest that, and I hope our OP has an attorney. And should read the will to see if there are other documents in the folder. Because if they are lucky enough to have that Springing POA then there's no need to going to attorney to have guardianship or conservator ship done.
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.
Do consider, if hubby in facility at this point, reaching out to the Social Workers. They will often be able to assist in getting temporary guardianship that you can more easily pursue to be permanent. In some states it is as easy as a phone call when they have the doctor's evals.
Good luck to you and I hope you will update.
As a PS, if you were both wise enough to do wills before this happened, get them out, because almost all wills have a DPOA or Spring POA document that allows one spouse POA for another after evaluation of two MDs.
Check that for certain.
That’s something one must sign before it gets to the point that one can’t understand.
Go for guardianship, but it’s expensive.
you may need to rely on such existing mechanisms. But if those do not allow you to do what you need to do, you may need to get guardianship as mentioned . Need attorney help and guidance
I just looked at my Will and there is nothing in it concerning POA. I am assigned Executor and it gives me some leeway there but thats after death.
Because if they are lucky enough to have that Springing POA then there's no need to going to attorney to have guardianship or conservator ship done.
You can file for guardianship, it is expensive, but in his case doable.
Hope that you have your wills in place and if wanted a DNR document.
Good Luck!