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Caregiver (Non family) was taking care of my mentally challenged cousin and his mother my Aunt. After my Aunt had a mini stroke she changed her trust and left her house and the care of my cousin to the (non family) care giver. Is that legal?
If the caregiver works for an agency, it might not be legal, depending on the state you live in. If, on the other hand, the caregiver is someone who your aunt knew, or who she hired on someone's recommendation, then it could be that she's totally within her right to do what she did if she feels there are no family member who will assume her son's care and this person will do a good job. She could be a caring and devoted person and will do exactly that.
On the other hand, this is assuming that the stroke didn't leave your aunt brain damaged or mentally unstable and the caregiver is taking advantage of that. If that be the case, there may be laws protecting your mentally challenged cousin. I think you might want to talk with the state's department of social services where your aunt lives. They may be able to look into the situation on behalf of your cousin.
As long as the title is hers, it is hers to leave to whomever she chooses. Not to be flip, but some people have left fortunes to pets. Maybe your aunt has developed a close relationship with the caregiver and believes she will take care of the son. Without knowing the length of the relationship, the character of the caregiver, it is difficult to opine if this is a good thing, it can be, I certainly hope it is. Maybe she should consider a trust for her son instead.
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").
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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.
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If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
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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.
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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.
On the other hand, this is assuming that the stroke didn't leave your aunt brain damaged or mentally unstable and the caregiver is taking advantage of that. If that be the case, there may be laws protecting your mentally challenged cousin. I think you might want to talk with the state's department of social services where your aunt lives. They may be able to look into the situation on behalf of your cousin.
Good Luck!
Good Luck!
Without knowing the length of the relationship, the character of the caregiver, it is difficult to opine if this is a good thing, it can be, I certainly hope it is. Maybe she should consider a trust for her son instead.