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My brother is POA for my parents, yet my dad has been in a nursing home for over 4 years and in all these years my brother nor any of my siblings have visited my dad. Would this not be considered abandonment?
Thats a question for an attorney. Sounds terrible. Unfortunately parents often assign POAs thinking the person assigned is the most appropriate only to find they are not. Being a son or a first born doesn't necessarily make them more caring or competent. I assume your dad is unable to change the POA at this time, that he is incompetent? If not, he can easily change it to you. Is that what you would like? Is your mom still living at home? Is she able to change her POA? Does your brother see your mom? Has he ever acted as a POA? Did your brother help get your dad into the NH four years ago? He may not have wanted the responsibility in the first place. Some are appointed and don't even know it. A POA is supposed to act in the best interest of the person. However, not seeing the person isn't necessarily required. If you have a copy or can get a copy (moms perhaps they are probably the same) then you can read it and see what provisions are listed. All POAs are not the same. My understanding is the only thing you could do would be to file for guardianship of your dad if he is not competent to change his POA. See if an elder attorney will speak with you on this and give you some guidance for your area. Or perhaps you are upset that your siblings aren't visiting and this really has nothing to do with the POA? Understandable to be upset either way.
I only vaguely remember "abandonment" as a legal term and charge from when I worked in the Juvenile Court back in the mid 1960s. It was related to or a factor in "neglect."
You'd have to check the statutes for your state. I believe there are specific criteria to meet the standard of "abandonment", and they vary by state. Nothing is listed in your profile, including where you or your parents live, so I can't address the criteria specifically.
Since your father has been in a facility for over 4 years, where presumably he's getting some level of care, I don't think abandonment factors into this situation. However, if he was dropped off there 4 years ago, that might be a different story, but one of the first questions an investigator would ask is why the 4 year delay in addressing any abandonment?
If your father had been left at home with no one to care for him, or just dumped off at a hospital or facility, that's a different story.
What's your father's mental status? Exactly what kind of facility is he in? What kind of POA did your parents execute? Springing POA? Durable POA? Are there situations in which the authority of the proxy under the POA should have been used?
What's your involvement? Where is the facility? Close to you or siblings?
It's pretty clear that are some family issues here. I think the real goal is what's best for your father in a facility, and your mother, wherever she is. Are these sibling relations affecting their care? That might be part of the bottom line in this situation.
Another thought...in order to prove abandonment in a legal environment, you'd have to list the elements of it. I.e., specifically how have your siblings failure to visit created abandonment, what are the ramifications, how has your father suffered, etc.
And what are you really seeking? Do you want to be proxy yourself?
A financial POA's duty is to ensure that the bills are paid and to look after any investments in a responsible manner, and a healthcare POA (or whatever it is called where you live) has the responsibility to ensure someone is cared for and also is ultimately responsible for making any health related choices, all of which can be done at arms length. There is no commitment to take an active part in his life or even to visit.
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 perhaps you are upset that your siblings aren't visiting and this really has nothing to do with the POA? Understandable to be upset either way.
You'd have to check the statutes for your state. I believe there are specific criteria to meet the standard of "abandonment", and they vary by state. Nothing is listed in your profile, including where you or your parents live, so I can't address the criteria specifically.
Since your father has been in a facility for over 4 years, where presumably he's getting some level of care, I don't think abandonment factors into this situation. However, if he was dropped off there 4 years ago, that might be a different story, but one of the first questions an investigator would ask is why the 4 year delay in addressing any abandonment?
If your father had been left at home with no one to care for him, or just dumped off at a hospital or facility, that's a different story.
What's your father's mental status? Exactly what kind of facility is he in?
What kind of POA did your parents execute? Springing POA? Durable POA? Are there situations in which the authority of the proxy under the POA should have been used?
What's your involvement? Where is the facility? Close to you or siblings?
It's pretty clear that are some family issues here. I think the real goal is what's best for your father in a facility, and your mother, wherever she is. Are these sibling relations affecting their care? That might be part of the bottom line in this situation.
And what are you really seeking? Do you want to be proxy yourself?