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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.
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.
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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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Advantage of guardianship and conservatorship is that it was granted by the court. There are requirements for reporting to the court. If anything illegal is occurring court will take action.
Is your Mom living in with someone or in an AL or LTC.
ALs and LTC cost a lot of money. ALs average 5k or more. LTC 10k or more. Sister may need the money for Moms care. If she sells, the money has to be spent on Mom. As log as the money is put aside for Mom, its not illegal. If Mom is in a facility, it maybe hard to keep the house up.
Guardianship authority ends with the death of the principal. A personal representative (PR) is named in a will (and confirmed by the court) or appointed by the court following a petition from someone wanting to become the PR. Depending on the terms of the will and the estate debts, the PR can usually sell any assets, including a house, as soon as being appointed by the court. If there is a conflict between a will and the needs of the estate, like a will stating the house is to be jointly given or given to a single child and the estate debts can only be satisfied by funds from selling the house, then the PR needs permission from the probate court for the sale.
Medicaid recovery for funds the state spent on your mother's care while she was living may be treated as an estate debt in many states. The TN Supreme Court ruled a few years back a will doesn't not protect assets from Medicaid recovery. All the estate bills must be paid before there's _anything_ left to inherit.
Ok, your post is confusing. My post was based on Mom is still alive because u said "my mother who has ALZ". Then you say her estate is being taken to probate court. Because she has died or just saying she has enough estate to be probated when the time comes?
If Mom needs care than her assets are to be used for that care. If they are gone when she passes then there will be no Will to be probated. If some of the assets are left, then thats what gets split between the beneficiaries. Lets say the house was to be left to one person. But as Mom aged she felt she needed to sell the house to get a nice apt and live off the proceeds of the house. She has that right even if she has left it to someone. Of course we would hope she changes the Will now there is no home.
She is still alive and there was a estate already made up unfortunately some how I don't understand it my self being taken to probate my mother that is why I was reaching out for some answers she has plenty of monthly income to live on and the way I understand nothing should of been removed from the place in the laws of guardenship and conservator just reaching for answers I can't afford and attorney I'm disabled myself thanks for help
She may be required, as guardian and conservator, to get permission of the probate court to sell the house. The funds from the sale will be used for mom's care.
You may want to ask your question on the AVVO website, attorneys will answer your question at no charge.
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.
ALs and LTC cost a lot of money. ALs average 5k or more. LTC 10k or more. Sister may need the money for Moms care. If she sells, the money has to be spent on Mom. As log as the money is put aside for Mom, its not illegal. If Mom is in a facility, it maybe hard to keep the house up.
Medicaid recovery for funds the state spent on your mother's care while she was living may be treated as an estate debt in many states. The TN Supreme Court ruled a few years back a will doesn't not protect assets from Medicaid recovery. All the estate bills must be paid before there's _anything_ left to inherit.
If Mom needs care than her assets are to be used for that care. If they are gone when she passes then there will be no Will to be probated. If some of the assets are left, then thats what gets split between the beneficiaries. Lets say the house was to be left to one person. But as Mom aged she felt she needed to sell the house to get a nice apt and live off the proceeds of the house. She has that right even if she has left it to someone. Of course we would hope she changes the Will now there is no home.
You may want to ask your question on the AVVO website, attorneys will answer your question at no charge.
Are you living in the house and disabled?
I am interested, though in TNtechie's question about "heir of the estate in probate"