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Who are you caring for?
Which best describes their mobility?
How well are they maintaining their hygiene?
How are they managing their medications?
Does their living environment pose any safety concerns?
Fall risks, spoiled food, or other threats to wellbeing
Are they experiencing any memory loss?
Which best describes your loved one's social life?
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.
Remember, this assessment is not a substitute for professional advice.
Share a few details and we will match you to trusted home care in your area:
He can do a transfer on death and that bypasses probate.
You will have to speak with the lender, because your BIL doesn't actually own the house until it's paid for in full.
This is not a DIY project. You guys need a really good certified elder law attorney, www.nelf.org is where you will find one.
There is a whole lot going on in your situation and you want to do this right or it could be a mess. Because doing it wrong could cost your brother public assistance.
Judy, there isn't enough information to evaluate and/or respond to your question.
As MJ1929 states, you'll need an attorney's advice. These are some questions you should be prepared to address:
1. Who holds title to the house, and pursuant to what (i.e., a Warranty Deed, or a Quit Claim Deed)?
2. Who is/are the mortgagor(s), i.e., who signed the mortgage and is legally obligated to make payments? Is the mortgage in good standing, or is it in default?
3. Who dies and is subject to Probate? Is this something your brother wants to do to avoid Probate when he passes?
4. Does he have a Will? If so, does it list this other family member as an heir?
5. Has retitling the property to make the other family member a joint holder and full owner when your brother passes, been considered?
Your profile states:
"MY BROTHER AGED 60 IS UNDERGOING MENTAL CHANGES. Decisions need to be made-- need help."
What mental changes, and to what degree? Is he still capable of understanding his choices, especially if he were to convey title to himself and his brother jointly, for the purpose of passing the property directly to his brother outside of Probate Court?
All these questions would need to be answered before anyone could answer your question.
I expect he "can," but the attorney will be especially valuable in determining if he "should."
If he can't afford the lawyer consult, he certainly can't afford to make such a large gift.
He can look for free lawyer consultations through local organizations like senior centers, universities, or libraries. Maybe read one or two NOLO Press books from the library on avoiding probate or preparing a living trust first, so he gets the most out of the lawyer visit.
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.
You will have to speak with the lender, because your BIL doesn't actually own the house until it's paid for in full.
This is not a DIY project. You guys need a really good certified elder law attorney, www.nelf.org is where you will find one.
There is a whole lot going on in your situation and you want to do this right or it could be a mess. Because doing it wrong could cost your brother public assistance.
As MJ1929 states, you'll need an attorney's advice. These are some questions you should be prepared to address:
1. Who holds title to the house, and pursuant to what (i.e., a Warranty Deed, or a Quit Claim Deed)?
2. Who is/are the mortgagor(s), i.e., who signed the mortgage and is legally obligated to make payments? Is the mortgage in good standing, or is it in default?
3. Who dies and is subject to Probate? Is this something your brother wants to do to avoid Probate when he passes?
4. Does he have a Will? If so, does it list this other family member as an heir?
5. Has retitling the property to make the other family member a joint holder and full owner when your brother passes, been considered?
Your profile states:
"MY BROTHER AGED 60 IS UNDERGOING MENTAL CHANGES. Decisions need to be made-- need help."
What mental changes, and to what degree? Is he still capable of understanding his choices, especially if he were to convey title to himself and his brother jointly, for the purpose of passing the property directly to his brother outside of Probate Court?
All these questions would need to be answered before anyone could answer your question.
If he can't afford the lawyer consult, he certainly can't afford to make such a large gift.
He can look for free lawyer consultations through local organizations like senior centers, universities, or libraries. Maybe read one or two NOLO Press books from the library on avoiding probate or preparing a living trust first, so he gets the most out of the lawyer visit.