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Acknowledgment of Disclosures and Authorization
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.
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This is for GA. If she sues couldn't her Moms estate be the plaintiff?
No being a beneficiary to her insurance policy gives u no authority. You POA stopped at death.
It takes a lot of money to sue this type of company. They have lots of lawyers. It could go on for years. What was the device implated? A Pacemaker? A Defibulator? There is no guarantee these devices will keep u alive. When the heart goes it goes.
My mom passed away I had power of attorney and was beneficiary on her life insurance policy do I have power to collect proceeds from a case - AgingCare.com
You raise a lot of issues; let's see if we can separate them:
1. Beneficiary on a life insurance policy affects that policy but doesn't allow you to make decisions on other non-insurance related issues.
2. If your mother dies, only the Personal Representative (f/k/a Executor or Executrix) has the power and authority to make decisions, unless there's a trust involved.
3. Why are you suing the company (which made the device)? Was it determined to be defective? I hope your medmal attorney did a thorough analysis, b/c medical devices are implanted to serve specific functions. If one failed, there may be liability, but I also remember a period when one of the manufacturers did have a somewhat defective product, although I don't remember if a re-call was issued.
4. On what do you base the conclusion that the device apparently wasn't effective, failed, or didn't serve its purpose? Assuming you're suing under medmal statutes, I hope your attorney has a cardiac expert lined up, b/c that's what you'll need to establish (a) why and what condition was the implant done? (b) How specifically did it fail? (c) what were the results of the preceding pacemaker readouts? (d) what other factors affected her health, and (e) what specifically was the cause of her death?
5. Who specifically is the Plaintiff? You? On what basis are you suing? Surviving daughter? Executrix of her Will?
Whether or not there will be proceeds is something that can't be predicted, as no one knows the basis and strength of your case.
As to other issues, I haven't done any work in this field for years, so I don't recall if you can sue as a surviving daughter. If you're suing, this is something you should ask the attorney handling the case. It's really not possible to analyze your rights as not information has been provided.
Your post is a little confusing... did she actually pass away or not?
We're not attorneys or accountants. This is an anonymous, global forum about caregving and not legal matters. Since you say "I am suing the company" then if you are in the process of suing, then you should ask the attorney who is working on your case, or ask an attorney before you launch headfirst into this suit.
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.
No being a beneficiary to her insurance policy gives u no authority. You POA stopped at death.
It takes a lot of money to sue this type of company. They have lots of lawyers. It could go on for years. What was the device implated? A Pacemaker? A Defibulator? There is no guarantee these devices will keep u alive. When the heart goes it goes.
My mom passed away I had power of attorney and was beneficiary on her life insurance policy do I have power to collect proceeds from a case - AgingCare.com
You raise a lot of issues; let's see if we can separate them:
1. Beneficiary on a life insurance policy affects that policy but doesn't allow you to make decisions on other non-insurance related issues.
2. If your mother dies, only the Personal Representative (f/k/a Executor or Executrix) has the power and authority to make decisions, unless there's a trust involved.
3. Why are you suing the company (which made the device)? Was it determined to be defective? I hope your medmal attorney did a thorough analysis, b/c medical devices are implanted to serve specific functions. If one failed, there may be liability, but I also remember a period when one of the manufacturers did have a somewhat defective product, although I don't remember if a re-call was issued.
4. On what do you base the conclusion that the device apparently wasn't effective, failed, or didn't serve its purpose? Assuming you're suing under medmal statutes, I hope your attorney has a cardiac expert lined up, b/c that's what you'll need to establish (a) why and what condition was the implant done? (b) How specifically did it fail? (c) what were the results of the preceding pacemaker readouts? (d) what other factors affected her health, and (e) what specifically was the cause of her death?
5. Who specifically is the Plaintiff? You? On what basis are you suing? Surviving daughter? Executrix of her Will?
Whether or not there will be proceeds is something that can't be predicted, as no one knows the basis and strength of your case.
As to other issues, I haven't done any work in this field for years, so I don't recall if you can sue as a surviving daughter. If you're suing, this is something you should ask the attorney handling the case. It's really not possible to analyze your rights as not information has been provided.
"...she passed away..."
Your post is a little confusing... did she actually pass away or not?
We're not attorneys or accountants. This is an anonymous, global forum about caregving and not legal matters. Since you say "I am suing the company" then if you are in the process of suing, then you should ask the attorney who is working on your case, or ask an attorney before you launch headfirst into this suit.