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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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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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More information needed. Are you saying that your mother gave away the proceeds of her house sale, and that the donee can now pay it back again? How long ago? What has your mother spent that could be eligible for Medicaid 'spend down'? Records are important, but there may be other 'proof' options possible. You may need to get legal help if the situation is very complicated, but give and get some information here first. A 'form' isn't likely to solve your problem!
More info please. When the home was sold where did the money go? If the money is in the bank, it needs to be spent on the person's care until they run out of money. At that point they can be supported with taxpayer money. I have said before I am more than willing to pay taxes for the care when they have no money, otherwise..... An attorney is a good idea.
Kimel - there is no “just 1 form & done” for anything Medicaid.
You, I assume, are mom’s POA & mom has filed for LTC Medicaid & is in a NH Medicaid Pending & you have gotten either a letter from the state or billing at the NH has said there’s a problem having her be “Pending”. This is what I’m guessing is the drama, right? If that’s it, you have to basically start putting together a forensic accounting of her past 5 years & get elder law atty. to advise process. - ask her banks for 5 yrs of statements if you do not have these. - find whatever monthly bills she had/has going back 5 years. - tax bill for year it was sold. Probably not online.... so either you try to find it in her paperwork or go to tax collectors office for old bill. - go online to County tax assessor records or Co. land records and pay for downloads on property sale. There likely will be 2 sale choices: 1. If an above board sale, buyer got a mortgage, so Warranty Deed will be filed & to the penny. So you’ll know who sold to, the date & $ amount to build back to. Mom has lived somewhere since house sold, she has bills, living costs, etc. You have to rebuild it. If you can’t do this, there will be an elder law practice that has a forensic accountant they work with. PIA & $$$ but can be done. BUT.... 2. If sale was QCD (quit claim deed), it should indicate amount paid to her & hopefully close to that last tax collector bill, so you rebuild her expenses based on that amount OR it was a QCD “gifted” Sale. If gifted, that poses a whole different set of issues for Medicaid eligibility for her..... you’re choices then are to either pay gifting / transfer penalty by private paying for her care till penalty time over OR hire an atty to get APS & police involved to file charges of taking advantage of a vulnerable adult against whomever got the property via a QCD for less than FMV. But you have to be willing - as her POA - to basically file a felony against whomever coerced mom out of home under FMV. If past AC posts hold, QCD often done with a mom “selling” property for zero to family member who has no intention of paying anything to get mom or grannie out of Medicaid transfer penalty hell.
If your NOT her DPOA already, then imo, your mom needs to be competent & cognitive enough to meet with atty to. do a DPOA to you & be able to go to bank and probably also get you on as a signatory on her bank accounts. And sign off on police report. Can she do this?
If not, & not be sound harsh, you have to decide whether to front your own $$ to hire atty to seek guardianship for her OR let her become a ward of the state & let state appoint a guardian. Then state guardian works thru the beyond a hot mess of house sale.
If you haven’t personally signed a admissions agreement for NH &/or personally signed a financially responsible contract with NH, there isn’t much the NH can do to you easily. But if you did, they will attempt collections. Often for this situation family move elder out of NH ASAP & do at home care. She moves out with an outstanding bill & NH will turn it over to collections.
Whatever path you take, if she stays in NH, she MUST, again MUST, have her SS or other monthly income paid to NH. Usually NH will heavily suggest to be set up direct deposit with NH as her SSA representative payee or ACH draft from her checking account. Again her monthly income must go to NH less whatever is smallish personal needs allowance. PNA can be put into a facility based trust account for her to use to auto pay for things not covered by Medicaid, like for beauty shoppe.
Transfer penalty is a formula based on house FMV divided by state daily room & board Medicaid reimbursement. 200k house @ $195 day rate is 1,025 days penalty. Almost 3 yrs of private pay needed before Medicaid eligible.
There is no 1 & done option imho. So whats the backstory on house sale?
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.
If we had more info, we may be able to point you in the right direction.
You, I assume, are mom’s POA & mom has filed for LTC Medicaid & is in a NH Medicaid Pending & you have gotten either a letter from the state or billing at the NH has said there’s a problem having her be “Pending”.
This is what I’m guessing is the drama, right?
If that’s it, you have to basically start putting together a forensic accounting of her past 5 years & get elder law atty. to advise process.
- ask her banks for 5 yrs of statements if you do not have these.
- find whatever monthly bills she had/has going back 5 years.
- tax bill for year it was sold. Probably not online.... so either you try to find it in her paperwork or go to tax collectors office for old bill.
- go online to County tax assessor records or Co. land records and pay for downloads on property sale. There likely will be 2 sale choices:
1. If an above board sale, buyer got a mortgage, so Warranty Deed will be filed & to the penny. So you’ll know who sold to, the date & $ amount to build back to. Mom has lived somewhere since house sold, she has bills, living costs, etc. You have to rebuild it.
If you can’t do this, there will be an elder law practice that has a forensic accountant they work with. PIA & $$$ but can be done.
BUT....
2. If sale was QCD (quit claim deed), it should indicate amount paid to her & hopefully close to that last tax collector bill, so you rebuild her expenses based on that amount
OR it was a QCD “gifted” Sale. If gifted, that poses a whole different set of issues for Medicaid eligibility for her..... you’re choices then are to either pay gifting / transfer penalty by private paying for her care till penalty time over OR hire an atty to get APS & police involved to file charges of taking advantage of a vulnerable adult against whomever got the property via a QCD for less than FMV. But you have to be willing - as her POA - to basically file a felony against whomever coerced mom out of home under FMV. If past AC posts hold, QCD often done with a mom “selling” property for zero to family member who has no intention of paying anything to get mom or grannie out of Medicaid transfer penalty hell.
If your NOT her DPOA already, then imo, your mom needs to be competent & cognitive enough to meet with atty to. do a DPOA to you & be able to go to bank and probably also get you on as a signatory on her bank accounts. And sign off on police report.
Can she do this?
If not, & not be sound harsh, you have to decide whether to front your own $$ to hire atty to seek guardianship for her OR let her become a ward of the state & let state appoint a guardian. Then state guardian works thru the beyond a hot mess of house sale.
If you haven’t personally signed a admissions agreement for NH &/or personally signed a financially responsible contract with NH, there isn’t much the NH can do to you easily. But if you did, they will attempt collections. Often for this situation family move elder out of NH ASAP & do at home care. She moves out with an outstanding bill & NH will turn it over to collections.
Whatever path you take, if she stays in NH, she MUST, again MUST, have her SS or other monthly income paid to NH. Usually NH will heavily suggest to be set up direct deposit with NH as her SSA representative payee or ACH draft from her checking account. Again her monthly income must go to NH less whatever is smallish personal needs allowance. PNA can be put into a facility based trust account for her to use to auto pay for things not covered by Medicaid, like for beauty shoppe.
Transfer penalty is a formula based on house FMV divided by state daily room & board Medicaid reimbursement. 200k house @ $195 day rate is 1,025 days penalty. Almost 3 yrs of private pay needed before Medicaid eligible.
There is no 1 & done option imho.
So whats the backstory on house sale?