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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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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.
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Medicaid also does not care if there is a prenup agreement. That is part of the issue here. L and Mom married 8 years ago, put a prenup inplace to protect their own assets, to preserve them for their own families. Nice thought. But L arrives on the scene. Mom's finances are in a shambles because POA sis is not keeping books as she is supposed to do as POA and trustee. His way to fix it, instead of getting sis to take care of things, is to start paying everything for her. It has drained his resources to 25% of what Mom's are. So, low and behold because my mom paid nothing for the first 5 or 6 years he was her her account grew quite well, while his became lower and lower. So now if he runs out of money Mom will have to pay for his care if he needs a facility. Wish they would have thought about just living together, and they actually did for about a year until they decided to marry.
Though Mom's social security check will rise, if he lives another two years, by about 500 dollars a month. So there are benefits either way. Who the heck knows what this 78 year old man and 80 year old woman were thinking!
There is a little known law about medical bills that a nurse friend told me about. At least in our state, as long as you pay them $25.00 a month they cannot send you for collections or refuse you treatment.
txcamper, in my experience, no. What's his is ours and what's mine is ours. Medicaid doesn't care if they are in separate accounts under separate names. All assets of either of you belong to both of you.
Sorry.
Perhaps consulting an elder law attorney before marriage would reveal a way to preserve assets for the non-medicaid spouse beyond the limit set by Medicaid.
If it becomes necessary to apply for Medicaid, all of your assets and his assets will be considered and together they cannot exceed the allowed limit. You might have to spend down some or all of your 401K to get under the limit. (At least this was true in my state, 10+ years ago.)
I am really sorry to say this (I really do believe in "family values") but if you and your potential spouse are older and there is high medical risk, you might want to think through whether you both would be better off as a legally married couple, or simply totally committed to each other.
The short answer is that your 401(k) is exempt from claims of creditors so it can't be claimed as payment for your husband's medical bills or your own. The longer answer is that creditors, including medical creditors, can take any assets that are not exempt, so you may find it necessary to tap into the 401(k) to prevent creditors from seizing other assets, like your property, bank account, or car. Whether creditors can seize your assets to pay your husband's bills depends on the laws of the state in which you live. I'm not an expert in debtor-creditor law, except for qualified retirement plans in which I have some expertise.
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.
Though Mom's social security check will rise, if he lives another two years, by about 500 dollars a month. So there are benefits either way. Who the heck knows what this 78 year old man and 80 year old woman were thinking!
Sorry.
Perhaps consulting an elder law attorney before marriage would reveal a way to preserve assets for the non-medicaid spouse beyond the limit set by Medicaid.
I am really sorry to say this (I really do believe in "family values") but if you and your potential spouse are older and there is high medical risk, you might want to think through whether you both would be better off as a legally married couple, or simply totally committed to each other.