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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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Theres a mortgage on the house, right? If so, i'd suggest you asap see if your state allows for a waiver from the SOC mom curragony pays the facility (like her SS$) to instead pay the mortgage. Some states do this - TX does. It needs to be applied for and the $ is for the exact amount of the mortgage & paid to mortgage holder. It seems to be time limited, like 6 mos. & mom/DPOA will likely need to provide a Realtor listing agreement & MLS listing report. So no FSBO nonsense. Makes sense so house doesn't get foreclosed on. Seems not to cover taxes, insurance. Those things family fronts & without anticipation of repayment (from the act of sale) as medicaid will likely consider any $ from mom as gifting. You can appeal gifting determination but facility will likely want someone in the family to sign a private pay contract in order for mom to continue to stay.
As far as a way around this, choices are slim. Maybe family - through a legit business - could be able to place a workmans lien on the property. Lien has to be paid to lift the cloud on the title. There was someone on AC who did this as BiL did property management & had contract with elder. House was dealt with as regular client & since not paid, workmans lien filed. Now if elder continues to keep home, then once they die things can be dealt with in probate court. Family could enter costs paid as a claim against the estate. MERP could also enter thier own claim. The lien - if your state places these when elder is alive - then could become a claim against the estate. All gets sorted out via probate laws. If your state does level of claim by class, executor related costs are usually a priority claim over medicaid / MERP.
When it comes to Real Estate Agents, such questions are out of the scope of our work field. We have to tell clients to contact an Elder Law Attorney or Real Estate Attorney for the answers.
Also such situations are not part of a house Sales Contract. Families have to settle such matters after the house has gone to settlement. Usually once the parent has passed and if there is any money left over you maybe able to turn in receipts to Probate.
I am in this situation. You cannot use any of Mom's money to pay bills on her house. I was told by Medicaid rep that even if I keep immaculate records, I was not guaranteed my money back on the sale of the house. At that time, Medicaid will stop and then your in the "spend down" at that point again. Money can only be used for "personal" things. You cannot take money out for taxes, utilities or insurance. You need to talk to Medicaid about this. I was told by my lawyer NOT to pay anything. Right now my disabled nephew (another story) is living in Mom's house and paying utilities but I am in the process of finding him a place to live. Once that is done, I am turning the utilities off and shutting the house up. I will let the Township or Medicaid have it. If the house doesn't sell by your Mom's passing, Medicaid will put a lean on it at that time. That lean will need to be satisfied at time of sale. If there is money left over, then you can probably get your money back.
Who do you expect.to reimburse you? The government which is already paying for her medical care? Maybe there's a way to write that into the sales contract to pay you back but don't expect to get the money until the deal is 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.
As far as a way around this, choices are slim. Maybe family - through a legit business - could be able to place a workmans lien on the property. Lien has to be paid to lift the cloud on the title. There was someone on AC who did this as BiL did property management & had contract with elder. House was dealt with as regular client & since not paid, workmans lien filed. Now if elder continues to keep home, then once they die things can be dealt with in probate court. Family could enter costs paid as a claim against the estate. MERP could also enter thier own claim. The lien - if your state places these when elder is alive - then could become a claim against the estate. All gets sorted out via probate laws. If your state does level of claim by class, executor related costs are usually a priority claim over medicaid / MERP.
Also such situations are not part of a house Sales Contract. Families have to settle such matters after the house has gone to settlement. Usually once the parent has passed and if there is any money left over you maybe able to turn in receipts to Probate.