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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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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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Every family situation is different. Legally, if you had a contract as her caregiver, with X amt being paid per hr... I see no problem. If it was simply you choosing to care for her--then it gets sticky. 3 of my sibs do NOTHING for mother's care. She lives with my brother, and there are some financial benefits for him, as well there should be. Nothing is "written" but all us sibs are in agreement that he certainly deserves any small benefits he gets (Mother could not afford AL of any kind). I know that we are supposed to inherit equally (youngest sis took her "portion" years ago and she's excluded), but there's nothing to inherit. Really depends on so many things and you haven't given a lot of information.
My hubby was executor of his father's estate. As such, he was entitled to compensation of about $20 per hour. He didn't take it, as there was some pushback from one of h is sibs. So he spent over 100 hours--time off work, etc., for which he was not paid. I remodeled dad's condo and the same rule applied: I was to be compensated $20 for my time. Same thing: sibling was not happy. Said sibling received her 1/3 PLUS all the "decent" stuff dad had, including his 2 yo car, all appliances and furniture. We just decided to keep the peace. It was worth it. Pam is right, it's up to the Executor. Ask yourself, is it worth causing the drama that could last for years? I am a shosh bitter about our situation, but family relationships are more important, in the long haul.
It would be up to the Executor, who can refuse if there was no written contract. This is a common question. Remember, the Executor is overseen by the probate court and has to document everything.
Maggie, imputation of a nonexistent contract is an interesting theory. I think it would put her or him in the position of being a creditor of her/his mother's estate.
There is a legal concept that gives rise to legitimate indebtedness based on invoices, but my limited experience with it was that the creditor wanted to sue for nonpayment after providing goods and services documented in the invoices. There was no contract, but there was a legitimate basis for suing for nonpayment. I can't recall the exact legal description of it though.
Of course, your attorney has the definitive answer, but this lay opinion is that you cannot place a claim for compensation on the estate. That would allow you yo circumvent her will and impute a contract for care where none existed.
Did you have a caregiver contract with your mother? Are your time and expenses documented?
Who's the Personal Representative of the Estate? How many heirs are there and are any others attempting to get compensation?
Basically, unless you had a contract with your mother to care for her, I don't think you have a legal claim. You can try, but you'll have to provide documentation and support.
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.
There is a legal concept that gives rise to legitimate indebtedness based on invoices, but my limited experience with it was that the creditor wanted to sue for nonpayment after providing goods and services documented in the invoices. There was no contract, but there was a legitimate basis for suing for nonpayment. I can't recall the exact legal description of it though.
Did you have a caregiver contract with your mother? Are your time and expenses documented?
Who's the Personal Representative of the Estate? How many heirs are there and are any others attempting to get compensation?
Basically, unless you had a contract with your mother to care for her, I don't think you have a legal claim. You can try, but you'll have to provide documentation and support.