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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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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.
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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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The answer is....go see a Certified Elder Care attorney rather than ask a bunch of bickering strangers on the internet their opinions on such a matter! Some guidance should come from professionals and be paid for. It's well worth the expense!
I frankly never understand why elders want to preserve their homes and assets for their kids instead of keeping them safely in their own control for their own care while they live. THEN the kids get what's left. In my experience it takes a lifetime to save enough to have control. Keeping the home in YOUR control, and not renamed to a deed for your son, means you could sell it and live in ALF if you needed to on the assets that home accumulated.
That said, if you wish to do this do see an Elder Law Attorney. He will give you the options. Take someone REALLY SAVVY with you who will understand what this attorney says, because irrevocable trusts and such, that remove your assets from YOUR CONTROL and place them in a Trust? Well, as RealyReal already told you, that means that the TRUST OWNS YOUR HOME, not you, and you cannot change that in an irrevocable trust.
You can put whatever stipulations in a Trust that you want. Like lifetime use of the property and retaining making all decisions concerning short only of actually selling it.
How different is this than actual ownership? Your name isn't on the deed. That's what you give up. It's worth it to have protected assets for your family.
You will have to put your house in a trust that an elder law attorney can help you with to "keep from losing it." But in all honesty, if needed your house should be sold and the proceeds go to any future care you may need before you have to go on Medicaid. Your assets should go to you and your care, before they go to anyone else, and before you ask the government to pay for your care. That is only fair and right.
I beg to differ. I don't think it's 'only right' that nursing homes, memory care, and AL can get away with fleecing every cent a person ever had over a lifetime of work.
Even in the most expensive facilities cut corners left and right. These places are for-profit businesses. Families can hire a part-time private aide to provide extra care in a facility and they don't have to lose everything.
Each generation is supposed to be a little better off than the one before it. This was so because of inheritance. People owned an asset and left it for their kids. So maybe they bought a home or sent their kids to college because of it. A little better off than the generation before.
Now it's the care industry burns it all within a year or two and the person ends up on Medicaid anyway. Most care facilities will kick a person out if they outlive their assets. Then they go to a crappy Medicaid facility anyway.
If your house is your only asset or as it is for many it is your biggest asset then you will probably need it yourself with increasing cost of care. First if you need AL it could be costly. Average stay in AL is 5 years, $4000-8000 per month right now and no doubt cost will increase exponentially. If you have long progressive disease and wish to stay in your home for several years you will need some extra help which is very costly. Caregivers charge about $25-30 per hour. Or at 66 you could live for another 30 years and unless you have other assets or are very wealthy selling your property could be another option. I know my husband having Parkinson which could last 20+ years money we will need for his care could be more than what we have. As the very last resource and only if absolutely necessary there is reverse mortgage option as well which with prices here would give us several years of paying for care. I would never give it to children while alive. My husband and I are both against it, in fact his son is trying to get “loan” from us. He is divorcing millionaire and cannot afford lawyer. For starters about $50,000 for fees. He had extremely well paid job, they lived lavish lifestyle. Well, no job, no place to live, they have property worth close to 2mil. She has several lawyers and won’t sell, claims she paid it all. Good thing I am in charge of most our assets which are at this time saved for care of my husband so I don’t kill myself doing all of it.
I am going to ask what you mean by "nursing home" Are you talking about Skilled Nursing Facility where you have a chronic medical condition that requires Skilled Nursing or are you using the term "nursing home" to lump in Assisted Living, Memory Care?
I am guessing that you want to "protect" your house and possibly any assets you have from being used for your care. There are Trusts you can set up. For those you would need to see an Elder Care Attorney or one that deals with Trusts and Estate Planning. Many of the Trusts that might "protect" your assets require you to place assets in a Trust that is not NOT controlled by you. An "Irrevocable trust". With this you will give up control over your financial affairs.
Now I have to ask you a question. IF you have the funds for a facility that you find that you like and you have the funds to pay for it why would you select to go to a lesser place that would keep you as a resident once Medicaid has to kick in? I would think that you would want your funds to pay for your care rather than having the taxpayers foot the bill for your long term stay?
Please take the advice of others on here. My dad didn’t have any property & little money so we thought it was silly to spend money on an attorney to put things in place for us. Wrong decision!!!!!!! We are now facing a mess because of how Medicaid wants things set up & worded. Find a fair elder care attorney who doesn’t charge exorbitantly high fees & consider it money well spent!
If you needed Medicaid it would put a lien on your house that the next owner would need to satisfy when it transfers after you death (this is called MERP: Medicaid Estate Recovery Program). Medicaid rules can differ by state, but this is basically what would happen. Medicaid/the US govt does not want a physical house, they want the money they "lent" you for your care.
Even if your son inherited your home, even without a lien, does he make enough income to be able to afford owning it? Paying the taxes, insurance, utilities, maintenance and repairs? My SFIL and MIL's quad home went into foreclosure because they were 3 years behind in paying their property taxes (even though they were paying their mortgage).
I agree that you should consult with an estate planning attorney or elder law attorney who are familiar with Medicaid.
No. Not if the house is made a Medicaid-exempt asset longer than the five-year lookback period.
Of course, property taxes and insurance on the house still have to be paid up. If you don't pay the property taxes it's the city or township that forcloses on a property, not Medicaid.
Irrevocable Trusts or getting assets out of an older person's name makes them Medicaid-exempt. This also applies if a need for homecare arises. The property owner may be low enough income to receive Medicaid (not for LTC that's something different) in addition to their Medicare and still own their home.
If they qualify for the paid family caregiver program a family member can get paid to take care of them and if they don't have assets in their name or have put assets into Trust for their family, no money gets recapped after they die.
I think it's wonderful that you want to leave something to your family and are planning ahead. If only every aging parent or family member was so considerate. Here are some options to explore. Of course, you should go to a lawyer who specializes in elder law and estate planning.
You can put your house into an 'Irrevocable Trust' and name your son as the Trustee. You will still own your home and have lifetime use of it, but if you go into a care facility it's a protected asset. It will not have to be probated either when you pass away and this saves a fortune and a lot of headaches too. It will pass directly to your son and he can't be forced to sell to pay off any bills or expenses you may have.
He can live there himself or rent it out if he wants and no one will be able to collect a cent. He can't sell it though. If he sells, then any bills you may owe including care bills will get paid from the proceeds of the property.
Or you can transfer the deed to your son now and if have a stipulation made that you will have lifetime use of the home.
I am going to contradict your statement that "you will still own the house." That is incorrect, the trust will own the house, if it doesn't, it isn't protected. Also, she should be the 1st Trustee with the son as a secondary that steps in under whatever conditions are best in their state.
Please see an elder care attorney. He will assess your entire situation and be able to advise you more effectively than those of us on here who have experience with this. Your individual situation, your son’s attitude and ability to manage all must be considered. Make an appt now.
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.
That said, if you wish to do this do see an Elder Law Attorney. He will give you the options. Take someone REALLY SAVVY with you who will understand what this attorney says, because irrevocable trusts and such, that remove your assets from YOUR CONTROL and place them in a Trust? Well, as RealyReal already told you, that means that the TRUST OWNS YOUR HOME, not you, and you cannot change that in an irrevocable trust.
Good luck to you.
You can put whatever stipulations in a Trust that you want. Like lifetime use of the property and retaining making all decisions concerning short only of actually selling it.
How different is this than actual ownership? Your name isn't on the deed. That's what you give up. It's worth it to have protected assets for your family.
But in all honesty, if needed your house should be sold and the proceeds go to any future care you may need before you have to go on Medicaid.
Your assets should go to you and your care, before they go to anyone else, and before you ask the government to pay for your care.
That is only fair and right.
I beg to differ. I don't think it's 'only right' that nursing homes, memory care, and AL can get away with fleecing every cent a person ever had over a lifetime of work.
Even in the most expensive facilities cut corners left and right. These places are for-profit businesses. Families can hire a part-time private aide to provide extra care in a facility and they don't have to lose everything.
Each generation is supposed to be a little better off than the one before it. This was so because of inheritance. People owned an asset and left it for their kids. So maybe they bought a home or sent their kids to college because of it. A little better off than the generation before.
Now it's the care industry burns it all within a year or two and the person ends up on Medicaid anyway. Most care facilities will kick a person out if they outlive their assets. Then they go to a crappy Medicaid facility anyway.
First if you need AL it could be costly. Average stay in AL is 5 years, $4000-8000 per month right now and no doubt cost will increase exponentially.
If you have long progressive disease and wish to stay in your home for several years you will need some extra help which is very costly. Caregivers charge about $25-30 per hour.
Or at 66 you could live for another 30 years and unless you have other assets or are very wealthy selling your property could be another option.
I know my husband having Parkinson which could last 20+ years money we will need for his care could be more than what we have.
As the very last resource and only if absolutely necessary there is reverse mortgage option as well which with prices here would give us several years of paying for care.
I would never give it to children while alive.
My husband and I are both against it, in fact his son is trying to get “loan” from us. He is divorcing millionaire and cannot afford lawyer. For starters about $50,000 for fees.
He had extremely well paid job, they lived lavish lifestyle.
Well, no job, no place to live, they have property worth close to 2mil. She has several lawyers and won’t sell, claims she paid it all.
Good thing I am in charge of most our assets which are at this time saved for care of my husband so I don’t kill myself doing all of it.
Are you talking about Skilled Nursing Facility where you have a chronic medical condition that requires Skilled Nursing or are you using the term "nursing home" to lump in Assisted Living, Memory Care?
I am guessing that you want to "protect" your house and possibly any assets you have from being used for your care.
There are Trusts you can set up. For those you would need to see an Elder Care Attorney or one that deals with Trusts and Estate Planning.
Many of the Trusts that might "protect" your assets require you to place assets in a Trust that is not NOT controlled by you. An "Irrevocable trust". With this you will give up control over your financial affairs.
Now I have to ask you a question.
IF you have the funds for a facility that you find that you like and you have the funds to pay for it why would you select to go to a lesser place that would keep you as a resident once Medicaid has to kick in? I would think that you would want your funds to pay for your care rather than having the taxpayers foot the bill for your long term stay?
Even if your son inherited your home, even without a lien, does he make enough income to be able to afford owning it? Paying the taxes, insurance, utilities, maintenance and repairs? My SFIL and MIL's quad home went into foreclosure because they were 3 years behind in paying their property taxes (even though they were paying their mortgage).
I agree that you should consult with an estate planning attorney or elder law attorney who are familiar with Medicaid.
No. Not if the house is made a Medicaid-exempt asset longer than the five-year lookback period.
Of course, property taxes and insurance on the house still have to be paid up. If you don't pay the property taxes it's the city or township that forcloses on a property, not Medicaid.
Irrevocable Trusts or getting assets out of an older person's name makes them Medicaid-exempt. This also applies if a need for homecare arises. The property owner may be low enough income to receive Medicaid (not for LTC that's something different) in addition to their Medicare and still own their home.
If they qualify for the paid family caregiver program a family member can get paid to take care of them and if they don't have assets in their name or have put assets into Trust for their family, no money gets recapped after they die.
You can put your house into an 'Irrevocable Trust' and name your son as the Trustee. You will still own your home and have lifetime use of it, but if you go into a care facility it's a protected asset. It will not have to be probated either when you pass away and this saves a fortune and a lot of headaches too. It will pass directly to your son and he can't be forced to sell to pay off any bills or expenses you may have.
He can live there himself or rent it out if he wants and no one will be able to collect a cent. He can't sell it though. If he sells, then any bills you may owe including care bills will get paid from the proceeds of the property.
Or you can transfer the deed to your son now and if have a stipulation made that you will have lifetime use of the home.
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