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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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It depends on your state but it's likely that they can. You should check with an attorney who knows your state Medicaid laws well and see if anything can/should be done to protect your assets. Good luck! Carol
Assume they can. Medicaid wouldn't allow someone to so easily hide assets. Listen to Carol. You desperately need to professional advice of an elder law attorney.
I'm going to approach this differently & suggest you find a good estate planning attorney as you will be seeing them not just for your mom but for yourself also. You may want to meet with them first on your own and the next visit both you & mom. If need be they can do a consult with elder law one for specifics. One thing to keep in the back of your mind is that Medicaid is a state specific program. So each state administers Medicaid in it's own unique way. And because of this each states laws on property rights, death, probate really makes a huge difference.You need good legal in all this that works for your state's rules & laws.
For anyone who goes onto Medicaid over 55, ALL the states are required since 2005 or 2006, to have in place a recoup program in order to get the federal aspect of funding for Medicaid. The recoup is called MERP - Medicaid Estate Recovery Program. (Or "Guvmint Gonna Take MawMaw's house" LOL). When you apply for Medicaid, MERP is done as an acknowledgement of participation, so you do not have to sign off agreeing or disagreeing to it..…if you apply for Medicaid, MERP has to do recoup inquiry &/or action. Now how it's done depends on your states laws. Some states MERP is an actual lien on the property, other states it's a claim. And within claims it can vary. Like in TX, probate is a level of claim state & MERP is a class 7 claim. So all the other classes have to be done before MERP; for TN MERP is a class 3 claim. That is going to be quite different than an all classes equal probate state or a state that allows for an actual lien on the property. Understand? you can see how you really need legal on this.
Before you meet with the attorney, you want to gather up all the documents on the condo, any other real property both of you own, any old wills or other legal. & I'd also do a history on mom & you will details on children, spouses, divorces, etc. Your doing this will cut down somewhat on legal costs.
? for you, is the condo the legal homestead with homestead exemption for both you & mom? If not, you especially want to ask about how to approach this. Good luck and start getting those documents together.
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.
Good luck!
Carol
For anyone who goes onto Medicaid over 55, ALL the states are required since 2005 or 2006, to have in place a recoup program in order to get the federal aspect of funding for Medicaid. The recoup is called MERP - Medicaid Estate Recovery Program. (Or "Guvmint Gonna Take MawMaw's house" LOL). When you apply for Medicaid, MERP is done as an acknowledgement of participation, so you do not have to sign off agreeing or disagreeing to it..…if you apply for Medicaid, MERP has to do recoup inquiry &/or action. Now how it's done depends on your states laws. Some states MERP is an actual lien on the property, other states it's a claim. And within claims it can vary. Like in TX, probate is a level of claim state & MERP is a class 7 claim. So all the other classes have to be done before MERP; for TN MERP is a class 3 claim. That is going to be quite different than an all classes equal probate state or a state that allows for an actual lien on the property. Understand? you can see how you really need legal on this.
Before you meet with the attorney, you want to gather up all the documents on the condo, any other real property both of you own, any old wills or other legal. & I'd also do a history on mom & you will details on children, spouses, divorces, etc. Your doing this will cut down somewhat on legal costs.
? for you, is the condo the legal homestead with homestead exemption for both you & mom? If not, you especially want to ask about how to approach this. Good luck and start getting those documents together.