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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.
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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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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.
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Since his only source of income is SS, he should be free from garnishment, even if creditors initiated suit. However, he could take pre-emptive action and advise the medical creditors of the situation, to stop any harassment that debt collectors might create.
This is a good but a bit complicated article by the Consumer Financial Protection Bureau on garnishable issues re Federal payments:
However, it does address debts of an individual, not the spouse. I think the question then would be whether or not your father signed any documents assuming responsibility for your wife's bills.
If creditors do come after him, you might want to contact local communities to see if they offer free legal advice for seniors. Most do in my area. They can at least help put into perspective what situation your father is in.
If he is contacted by debt collectors, advise him not to say ANYTHING to them on the phone; write a letter pursuant to the Fair Debt Collections Practices Act, advise that the debts are not his, DEMAND A COPY OF ANY JUDGMENT, and send the letter registered mail or overnight, so that you have proof it's been received.
Another thought - with no assets or garnishable income, your mother and probably your father is "judgment proof", a legal concept meaning he has nothing with which to pay any judgments that would be entered in a debt collection lawsuit. So, in other words - there's nothing to pay the debts, so it's futile to go after him.
If your Dad lived in a community property state at the time of his wife's death: Alaska, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin he may be responsible for debts incurred by his wife during his marriage even if he did not co-sign the documents. A probate or estate planning Attorney can help him determine whether that's the case.
Don't be surprised if the creditor comes after your Dad to get payment for medical care, as that seems to be one debt that a spouse could be responsible for even if he didn't sign the paperwork.
Have your Dad talk with the doctor/hospital to see if the medical bills could be reduced. One would think that Medicare and any Medicare supplement would cover most of the costs.
Thank you for the replies. Currently he is still living at home. However his social security barely covers his bills & there is a couple of hundred over that for groceries etc. she had only her social security income. So there isn't any "estate". Dad is executor of nothing.
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.
This is a good but a bit complicated article by the Consumer Financial Protection Bureau on garnishable issues re Federal payments:
http://www.consumerfinance.gov/askcfpb/1157/can-creditor-garnish-my-social-security-benefits-pay-debt.html.
However, it does address debts of an individual, not the spouse. I think the question then would be whether or not your father signed any documents assuming responsibility for your wife's bills.
If creditors do come after him, you might want to contact local communities to see if they offer free legal advice for seniors. Most do in my area. They can at least help put into perspective what situation your father is in.
If he is contacted by debt collectors, advise him not to say ANYTHING to them on the phone; write a letter pursuant to the Fair Debt Collections Practices Act, advise that the debts are not his, DEMAND A COPY OF ANY JUDGMENT, and send the letter registered mail or overnight, so that you have proof it's been received.
Don't be surprised if the creditor comes after your Dad to get payment for medical care, as that seems to be one debt that a spouse could be responsible for even if he didn't sign the paperwork.
Have your Dad talk with the doctor/hospital to see if the medical bills could be reduced. One would think that Medicare and any Medicare supplement would cover most of the costs.