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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.
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Are you asking if inheriting a house will affect the sons Medicaid eligibility? The answer is no. He’s on Medicaid health insurance. His monthly income is the only deciding factor. If he needs long term care or home care, then assets come in to play but he will be allowed to own a home without losing his eligibility.
If the mother was on Medicaid and you are actually asking about Medicaid taking her home, then the will is entirely irrelevant. You cannot “will” a house to someone in order to keep Medicaid from clawing back at the estate. In this situation, what is relevant that is that the son lived with mother and took care of her for longer than 2 years which means he’s probably eligible for the caregiver exemption which allows him to remain in the home after his mother’s death.
Question for Cali: We have had a few questions of late about survivors who have been caregiving in the home, and been "left the home in a will". I wasn't aware of what you just said about the two years caregiving. But lets have the hypothetical that the person was caregiving for under two years. Would medicaid FORCE the sale of a home; can they? Or can they only put a lien on a home, and collect the money via "clawback" when the home is sold?
Estate recovery (MERP) has all sorts of exemptions, exclusions, just what is feasible ime very much interdependent on your states probate & property laws and how the administrative code is for Medicaid. There are exemptions for caregivers, low income heirs, disabled heirs, aged sibling heirs. So what is in the will does matter in those situations. Ditto for Testamentary Trust issues. Some states (TX, FL) are more pro property rights than others are too. There's also a required cost benefit analysis.
But the rub will be that someone will need to pay all property costs, pay probate costs, keep track on all this for MERP & probate, fill out & provide whatever documentation needed for an exclusion, etc and do whatever in a very time sensitive manner for perhaps years. Things are going to require the heirs to deal with or for the Executor to deal with. The States position is as an unsecured creditor and just what happens for unsecured depends on state laws.
when mom dies, the state or it’s outside contractor for MERP will send out a NOI / Notice of Intent (to file for recovery)& it will have a questionnaire on assets, exclusions, exemptions. Personally I think fill out the questionnaire and submit items needed to establish caregiver & maybe low income heir and see if that flies. If not, then plan B & open probate. For caregiver, on the questionnaires ive seen they all want an on professional letterhead a document from the deceased old MD or prior to entering the NH old social worker that indicates why full time caregiver was needed in the home and who (Sonny) provided it and for what period of time. The clusterF on this is IF there's loads of time from since mom was living at home..... then her old doc or old SW may not have records to document from the past what the state wants in the future. So try to stay proactive on all this and keep documentation on caregiving provided for 2 years, all $ fronted on property (some states have it where some property costs are deducted from the Medicaid tally) and let her doctors know that there will likely be a request from you as to caregiving provided sometime in the future.
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.
If the mother was on Medicaid and you are actually asking about Medicaid taking her home, then the will is entirely irrelevant. You cannot “will” a house to someone in order to keep Medicaid from clawing back at the estate. In this situation, what is relevant that is that the son lived with mother and took care of her for longer than 2 years which means he’s probably eligible for the caregiver exemption which allows him to remain in the home after his mother’s death.
But the rub will be that someone will need to pay all property costs, pay probate costs, keep track on all this for MERP & probate, fill out & provide whatever documentation needed for an exclusion, etc and do whatever in a very time sensitive manner for perhaps years. Things are going to require the heirs to deal with or for the Executor to deal with. The States position is as an unsecured creditor and just what happens for unsecured depends on state laws.
when mom dies, the state or it’s outside contractor for MERP will send out a NOI / Notice of Intent (to file for recovery)& it will have a questionnaire on assets, exclusions, exemptions. Personally I think fill out the questionnaire and submit items needed to establish caregiver & maybe low income heir and see if that flies. If not, then plan B & open probate. For caregiver, on the questionnaires ive seen they all want an on professional letterhead a document from the deceased old MD or prior to entering the NH old social worker that indicates why full time caregiver was needed in the home and who (Sonny) provided it and for what period of time. The clusterF on this is IF there's loads of time from since mom was living at home..... then her old doc or old SW may not have records to document from the past what the state wants in the future. So try to stay proactive on all this and keep documentation on caregiving provided for 2 years, all $ fronted on property (some states have it where some property costs are deducted from the Medicaid tally) and let her doctors know that there will likely be a request from you as to caregiving provided sometime in the future.