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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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Felipejr, let me see if I am reading your question correctly.... your Mom has your name on the deed to her house?
This is all quite complex. I would highly recommend you seek the advice of an Elder Law Attorney.
Please note any grown child who is on the same deed as their parent(s) could face IRS Capital Gains Taxes. What happens is when the time comes to sell the house, the IRS will have you go all the way back to the buying price of the house by your Mom. Depending on the value of the house and how long your Mom has owned the house, you could face considerable taxes.
It is far better to inherit the house, as the IRS Capital Gains Taxes uses the date your inherited the house to base its tax if when the time comes to sell the house.
If your Mom needs to use Medicaid [which is different from Medicare] and she needs to go into a nursing home because she needs professional care, Medicaid would want to be reimbursed for that care. And usually if the patient has a house, the equity in the house will help pay that reimbursement.
And the time frame when all of this is done is very important [the financial look back required by Medicaid]. It depends on the State rules for your State as each State if different.
1. What is the purpose of an irrevocable trust in the first place? What kind of assets have funded the trust? I.e., real estate or financial assets? What assets have specifically been retitled to be funded into the trust? If none have been retitled, the trust has NO assets.
2. The son whose name is "on the deed": in what capacity? Is title of a father, mother, or other person, jointly, with rights of survivorship? I.e., when anyone else named on the deed has passed, does title vest in the son's name?
3. Also importantly, is whether or not the deed has also been changed to read that the trust holds title, i.e., the deed has been amended so that the property is funded into the trust. If that wording hasn't been added, the deed isn't going to be affected by a trust, assuming it's prepared by a qualified estate planning or elder law attorney.
4. There are specific trusts that can address future medical debts, by sharing techniques, but I get the impression your goal is to shelter assets from medical debts. Is this the situation?
5. If the goal is to shelter the funds so that the son can still get medical care while maintaining assets, I think you might want to consider how reasonable and fair this is. It's not! If the funds exist for the son's medical care, that's what they should be used for, not squirreled away.
OTOH, are you concerned about the son not being responsible for debt incurred for the mother's care?
Some clarification would help answer your questions; it's not clear what the issues really are.
I am not knowledgeable about trusts. But I am sure that if set up before the five year look back by Medicaid the assets cannot be counted in a Medicaid application. There will be a problem if set up within the 5 yr look back.
Does Mom need LTC now or in the near future? If so, you will not be able to set up a trust. Any assets she has needs to be used for her care. A house and a car are exempt. If you have always lived with her or are her Caregiver, you may be able to stay in the home but may need to prove you can pay bills and upkeep. When she passes, a lean will be put on the house to recoup the money used for her care. You may be able to remain in the home, but if u leave, sell or die the lean will need to be satisfied.
You cannot be held responsible for your Moms debts. Medicaid will pay for her care in Longterm care and cover her medical needs after Medicare pays their share. If Mom has no money, then the debts will not get paid. Never give her creditors your information.
Once you are in LTC with Medicaid paying there are no medical or NH bills. Medicare pays 80% of what they feel is reasonable and Medicaid picks up the balance.
If Mom has money, then that is to be used for her care. You spend down her assets and when she starts to run out of money, you apply for Medicaid. You are not responsible to pay for her care but you are responsible to apply for things in a timely manner so there is no gap between when the money runs out and Medicaid begins. Don't trust a NH to keep on top of things. We have a thread going now where an OP was given the wrong info by a lawyer. If u use a lawyer, make sure he is well versed in Medicaid.
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.
This is all quite complex. I would highly recommend you seek the advice of an Elder Law Attorney.
Please note any grown child who is on the same deed as their parent(s) could face IRS Capital Gains Taxes. What happens is when the time comes to sell the house, the IRS will have you go all the way back to the buying price of the house by your Mom. Depending on the value of the house and how long your Mom has owned the house, you could face considerable taxes.
It is far better to inherit the house, as the IRS Capital Gains Taxes uses the date your inherited the house to base its tax if when the time comes to sell the house.
If your Mom needs to use Medicaid [which is different from Medicare] and she needs to go into a nursing home because she needs professional care, Medicaid would want to be reimbursed for that care. And usually if the patient has a house, the equity in the house will help pay that reimbursement.
And the time frame when all of this is done is very important [the financial look back required by Medicaid]. It depends on the State rules for your State as each State if different.
1. What is the purpose of an irrevocable trust in the first place? What kind of assets have funded the trust? I.e., real estate or financial assets? What assets have specifically been retitled to be funded into the trust? If none have been retitled, the trust has NO assets.
2. The son whose name is "on the deed": in what capacity? Is title of a father, mother, or other person, jointly, with rights of survivorship? I.e., when anyone else named on the deed has passed, does title vest in the son's name?
3. Also importantly, is whether or not the deed has also been changed to read that the trust holds title, i.e., the deed has been amended so that the property is funded into the trust. If that wording hasn't been added, the deed isn't going to be affected by a trust, assuming it's prepared by a qualified estate planning or elder law attorney.
4. There are specific trusts that can address future medical debts, by sharing techniques, but I get the impression your goal is to shelter assets from medical debts. Is this the situation?
5. If the goal is to shelter the funds so that the son can still get medical care while maintaining assets, I think you might want to consider how reasonable and fair this is. It's not! If the funds exist for the son's medical care, that's what they should be used for, not squirreled away.
OTOH, are you concerned about the son not being responsible for debt incurred for the mother's care?
Some clarification would help answer your questions; it's not clear what the issues really are.
Does Mom need LTC now or in the near future? If so, you will not be able to set up a trust. Any assets she has needs to be used for her care. A house and a car are exempt. If you have always lived with her or are her Caregiver, you may be able to stay in the home but may need to prove you can pay bills and upkeep. When she passes, a lean will be put on the house to recoup the money used for her care. You may be able to remain in the home, but if u leave, sell or die the lean will need to be satisfied.
You cannot be held responsible for your Moms debts. Medicaid will pay for her care in Longterm care and cover her medical needs after Medicare pays their share. If Mom has no money, then the debts will not get paid. Never give her creditors your information.
Once you are in LTC with Medicaid paying there are no medical or NH bills. Medicare pays 80% of what they feel is reasonable and Medicaid picks up the balance.
If Mom has money, then that is to be used for her care. You spend down her assets and when she starts to run out of money, you apply for Medicaid. You are not responsible to pay for her care but you are responsible to apply for things in a timely manner so there is no gap between when the money runs out and Medicaid begins. Don't trust a NH to keep on top of things. We have a thread going now where an OP was given the wrong info by a lawyer. If u use a lawyer, make sure he is well versed in Medicaid.