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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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Mostly Independent
Your loved one may not require home care or assisted living services at this time. However, continue to monitor their condition for changes and consider occasional in-home care services for help as needed.
Remember, this assessment is not a substitute for professional advice.
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Your mom can make a Will, possibly even if she has diagnosed dementia. The lawyer who creates the Will decides if she is competent to sign. Consult an eldercare attorney; the first consultation is usually free.
Your States laws for how after death assets (like a house or a car or land) can successfully transfer their title will determine just how this can be done.
States vary on all this….. Some allow for small estates affidavit, some allow for a Muniment of Title, some require full-on traditional probate. And by&large doing the paperwork needed for whatever approach to after death asset distribution is not really a DIY. Its attorney work as the wording on documents have to be done correctly for the title to transfer successfully. If your mom really truly owns her home outright - so no mortgage or any other lending that has that house securitized to the lend - she can get a elder law or maybe even a family law attorney to do a will for her that names you as her sole heir and as the Executor for her after death Estate if actually opening full-on probate is what’s needed as per your States laws.
fwiw if there is no will, it’s considered an “intestate” death. States will require for intestate death for heirship to be determined in some fashion for assets of the deceased to be legally distributed. For many States, this ends up meaning you will have to hire a probate attorney who does the lineal heir research and filings needed to determine the “lineal heirship” that you are a valid heir. It’s either mom uses her $ now to get her will done or you pay later to establish heirship.
on a related topic….. If you are kinda dependent on your mom’s income to cover household costs, please pls realize her Social Security income and any other retirements she has will stop completely upon her death. If you are not yourself able to file for Social Security retirement income and you have stopped working and making a salary 5.5 years ago, the loss of moms SSA $ could put you in dire straits unless you have your own savings/investments. If this could be you, do what you can right now to have mom pay to do her legal and do any repairs that house needs while she has her own income to pay these costs. Also Mom can pay you to be her caregiver…. she would do a personal care contract with you to pay you each month & this document can be done by the attorney who does her will. It could be a small amount, like $500 a month. But it will add up to give you some $ to be able to save and have on hand once her income is gone. This is a harsh reality some caregivers face as they quit their jobs to live with a parent and become financially dependent on them. If her home still has a mortgage (horrors), your having $ will be beyond important as the mortgage will have to be dealt with fairly quickly. Hopefully this financial situation is not you, but if it might be….. do what you can now to prepare for this.
Is your mother medically diagnosed with dementia? If not then seek an elder care attorney for your mother to make a Will, assign POA and MOLST/healthcare directives immediately.
If she would need Medicaid long term care then the sale of the house will either occur as Medicaid Estate Recovery Payment that Mediciad will do through Leins on her estate upon death. Or she may need to sell her house to fund her long term care costs. This sale must be at fair market value or will be penalized if withing the five year look back the Mediciad requires when applying for long term care benefits.
If LTC Medicaid NH placement ends up happening for the mom, the mom can continue to keep her home. She can do a “right of return” filing, so house stays in the mom’s name & the OP can continue to live there& without paying rent as she was the old caregiver. Although the big sticky in this is the mom will have no $ to cover any of house costs due to LTC Medicaid Share of Cost income paid to the NH requirements. So all property costs fall to the OP to pay for from her own $. Then after the moms death, the OP as she was taking care of her mom and did not have her own full time job those past 5.5 years, then the OP can file for the caregiver exemption to Estate Recovery. There is paperwork and outside documentation needed to make it work. But she’d have that option. Like they need a statement from the elders physician or social worker that the care provided by the caregiver was necessary and it kept the elder from going into a NH earlier.
Caregiver exemption can be done. But they have to have their own $ in some way to pay the many costs on that home. Property taxes have to be paid. Utilities as well. Repairs & maintenance dealt with in some way. Being an unpaid caregiver for a parent - unless you have your own financial resources - runs a lot of risk.
At this point there is no guarentee. If Mom dies without a Will, you can become her Administrator. Your responsibilities will be the same as an Executor, difference being, the State determines who inherits her estate. If you are an only child, you will inherit. If siblings, they too inherit.
Inheritance (if there's any left when she passes) will go to the closest relatives. That would be you, and any other siblings. But if your Mom requires Medicaid before she passes, there will be a lien on the house that will need to be satisfied by the next owner. If you have siblings you will probably share ownership of the house.
If your Mom wishes for you to have the house she should make a Will now. If you have siblings, I hope she discusses it with them so they can hear from her own lips the reason she left the house to one and not the others.
After death, the house will go into probate. Then it will be up to the judge who the house goes to. I agree with the previous advice, get a will done, fast. You don't need to go to a lawyer. I bought WillMaker software and drafted my own will. You will need to have the signatures witnessed, and have those witnesses also sign, but that is not a big deal.
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.
States vary on all this….. Some allow for small estates affidavit, some allow for a Muniment of Title, some require full-on traditional probate.
And by&large doing the paperwork needed for whatever approach to after death asset distribution is not really a DIY. Its attorney work as the wording on documents have to be done correctly for the title to transfer successfully. If your mom really truly owns her home outright - so no mortgage or any other lending that has that house securitized to the lend - she can get a elder law or maybe even a family law attorney to do a will for her that names you as her sole heir and as the Executor for her after death Estate if actually opening full-on probate is what’s needed as per your States laws.
fwiw if there is no will, it’s considered an “intestate” death. States will require for intestate death for heirship to be determined in some fashion for assets of the deceased to be legally distributed. For many States, this ends up meaning you will have to hire a probate attorney who does the lineal heir research and filings needed to determine the “lineal heirship” that you are a valid heir. It’s either mom uses her $ now to get her will done or you pay later to establish heirship.
on a related topic….. If you are kinda dependent on your mom’s income to cover household costs, please pls realize her Social Security income and any other retirements she has will stop completely upon her death. If you are not yourself able to file for Social Security retirement income and you have stopped working and making a salary 5.5 years ago, the loss of moms SSA $ could put you in dire straits unless you have your own savings/investments. If this could be you, do what you can right now to have mom pay to do her legal and do any repairs that house needs while she has her own income to pay these costs. Also Mom can pay you to be her caregiver…. she would do a personal care contract with you to pay you each month & this document can be done by the attorney who does her will. It could be a small amount, like $500 a month. But it will add up to give you some $ to be able to save and have on hand once her income is gone. This is a harsh reality some caregivers face as they quit their jobs to live with a parent and become financially dependent on them. If her home still has a mortgage (horrors), your having $ will be beyond important as the mortgage will have to be dealt with fairly quickly. Hopefully this financial situation is not you, but if it might be….. do what you can now to prepare for this.
If she would need Medicaid long term care then the sale of the house will either occur as Medicaid Estate Recovery Payment that Mediciad will do through Leins on her estate upon death. Or she may need to sell her house to fund her long term care costs. This sale must be at fair market value or will be penalized if withing the five year look back the Mediciad requires when applying for long term care benefits.
Caregiver exemption can be done. But they have to have their own $ in some way to pay the many costs on that home. Property taxes have to be paid. Utilities as well. Repairs & maintenance dealt with in some way. Being an unpaid caregiver for a parent - unless you have your own financial resources - runs a lot of risk.
If your Mom wishes for you to have the house she should make a Will now. If you have siblings, I hope she discusses it with them so they can hear from her own lips the reason she left the house to one and not the others.