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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.
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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I need to see an eldercare attorney for my dementia mother who is living in our home. My mom has some cash assets. Does she pay for this attorney visit? Thank you, LastOne
I am currently working on my mom's estate, and have a really good lawyer, who is associated with a tax/financial planner, and also has a good accounting firm across the hall. They are all "solo" not large chains, but it is working out well so far. Before this arrangement we had had several not good experiences-- and all of the bad experiences had to do with wrong information and/or dubious billing practices. So even though you have found "a lawyer" don't assume that what they say is 1) correct, or 2) billed appropriately. For 1) you have to do your own research in advance!!!! Spend lots of hours trying to educate yourself before ever going to the law office!! Cannot stress this point enough--if the lawyer senses you are clue - less about your questions, they can waste quite a lot of time attempting to fill you in all the background info.....and you will pay dearly for this education, unfortunately. For 2) billings, make sure you tell lawyer if you have a specific duty you want done--AND nothing more! As in, don't let all your siblings call up the lawyer and whine about this or that (IT WILL COST YOU....). Also if you come prepared with all the paperwork in order and little tabs on the edges so you can find a certain paper, it will save lots of time...and money. If the lawyer has to go all over town and across state to accumulate needed documents, it will cost you a lot more.
And thanks to FF too - it's really heartwarming to read of positive experiences with attorneys.
But for someone cringing at paying the hourly cost, think of this....bankruptcy fees for the recently resolved Detroit bankruptcy ran about $600 an hour. Some of the attorneys involved bill at over $1,000 per hour, but it's not clear if they billed at that rate for the bankruptcy.
And yes, even though I'm a supporter of hiring lawyers, I am appalled at how much money these firms skimmed off a bankrupt and struggling city.
Mincemeat, thanks for sharing your very positive experience with an elder care attorney. So many people just don't realize how much legal and tax issues are tangled up in the whole process of creating estate planning documents, and that without the necessary education and experience, it's like walking through a minefield to try to handle something as critical as end of life planning on one's own without professional help.
The online documents available for download couldn't possibly address all the intertwined and murky areas of tax and estate planning laws.
Last one, I went to an elder care attorney a few months ago. The fee was $290 per hour. It was one of the most informative, supportive, and important things I have done in a long time. Make the most of this opportunity.
Take a notebook with you. Brainstorm before you go and make a detailed list of questions. Then jot down the answers as you get them. You will probably go over such a large amount of info that you will need to write the answers so that you can refer to them later.
Garden Artist gives great advice...come prepared with all heirs, financial obligation info, asset balances and such.
LastOne, cost depends on where you live and if you use a solo attorney or a large law firm. And depends on what type of documents the Attorney suggest that your mother wants.
As GardenArtist had pointed out, with your Mom having dementia, it depends if she is still able to understand what she is signing and why. Attorneys can refuse to let a person sign if the Attorney feels the person doesn't understand.
Price depends on where you live, and if you use a solo Attorney or one at a firm. For myself I choose a large law firm here in the Washington DC burbs... yep, it cost me an arm and a leg but my mind is at peace regarding what was done.
I found my Elder Law Attorney here on Aging Care.... I went to the blue bar near the top of the page and clicked on MONEY & LEGAL.... then clicked on ELDER LAW.... then I put my zip code in the search box on that page. If you don't see MONEY & LEGAL near the top of the page, make your font smaller, then it should show up.
Went to a great Eldercare attorney in my area. They did all the paperwork for $99.00 and for another $50 they filed it with the court. This included POA for medical and financial. Also, this included a last will. Within the first month of coming to live with my mom I took her to the bank, social security, life insurance and we placed the accounts in both of our names. I am handling all her financial affairs. Please make sure everything is in place.
LastOne, be aware that someone who has dementia may or may not have the capacity to understand and execute legal documents. Raise this when you call tomorrow and ask how it would be handled. This is an aspect that you want to ensure can be addressed by any attorney.
You should also do some background research on any attorney you call. You'll want either an estate planning or elder care attorney. Most attorneys now have websites; check out their "practice areas" to ensure they have specialty attorneys for the elder law and estate planning practice areas.
When you raise the issue of fees, ask if the attorney bills by the hour or a flat rate for a package which might include a Last Will and Testament, Power of Attorney and Living Will. If there's a need for a trust, that would be more.
You can also ask what the hourly rate is, and don't be surprised if it's $200 - $300.
Prepare a list of your mother's assets (home, vehicle, CDs, IRAs, mutual, stocks, etc.) so that the attorney can assess the best method of handling these now and when they pass to the heirs.
You should also bring names and contact information for all heirs to be included in any Will or Trust.
LastOne, when you call the attorney's office ask if the first hour is free. Many law firms do this, some do not. In my opinion, no matter what the price, an Elder Law attorney is worth every dime.
Yes, I would think that the legal counsel is for information on how to wisely and legally handle her care and financial affairs. So, yes, she should pay for it. Especially if she can afford it.
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.
But for someone cringing at paying the hourly cost, think of this....bankruptcy fees for the recently resolved Detroit bankruptcy ran about $600 an hour. Some of the attorneys involved bill at over $1,000 per hour, but it's not clear if they billed at that rate for the bankruptcy.
And yes, even though I'm a supporter of hiring lawyers, I am appalled at how much money these firms skimmed off a bankrupt and struggling city.
The online documents available for download couldn't possibly address all the intertwined and murky areas of tax and estate planning laws.
Take a notebook with you. Brainstorm before you go and make a detailed list of questions. Then jot down the answers as you get them. You will probably go over such a large amount of info that you will need to write the answers so that you can refer to them later.
Garden Artist gives great advice...come prepared with all heirs, financial obligation info, asset balances and such.
Good luck!
As GardenArtist had pointed out, with your Mom having dementia, it depends if she is still able to understand what she is signing and why. Attorneys can refuse to let a person sign if the Attorney feels the person doesn't understand.
Price depends on where you live, and if you use a solo Attorney or one at a firm. For myself I choose a large law firm here in the Washington DC burbs... yep, it cost me an arm and a leg but my mind is at peace regarding what was done.
I found my Elder Law Attorney here on Aging Care.... I went to the blue bar near the top of the page and clicked on MONEY & LEGAL.... then clicked on ELDER LAW.... then I put my zip code in the search box on that page. If you don't see MONEY & LEGAL near the top of the page, make your font smaller, then it should show up.
You should also do some background research on any attorney you call. You'll want either an estate planning or elder care attorney. Most attorneys now have websites; check out their "practice areas" to ensure they have specialty attorneys for the elder law and estate planning practice areas.
When you raise the issue of fees, ask if the attorney bills by the hour or a flat rate for a package which might include a Last Will and Testament, Power of Attorney and Living Will. If there's a need for a trust, that would be more.
You can also ask what the hourly rate is, and don't be surprised if it's $200 - $300.
Prepare a list of your mother's assets (home, vehicle, CDs, IRAs, mutual, stocks, etc.) so that the attorney can assess the best method of handling these now and when they pass to the heirs.
You should also bring names and contact information for all heirs to be included in any Will or Trust.
Thank you for your reply. I will definitely ask. I'll be making the call first thing in the morning. Good to know. Best regards, LastOne