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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.
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.
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Assisted living or nursing home care is needed: Mother needs a nursing home. I 'm a co-owner of all her assets. Is she medicaid eligible before all of the assets are spent? In other words, is my share of the assets protected?.
Who pays taxes on the assets? No, she is not medicaid eligible before her assets are spent. If she pays the taxes on the assets, then medicaid will view the whole as belonging to her. Those assets will need to be spent only for her care before she can become medicaid eligible. When she applies for medicaid, they will do a five year look back into those assets to see how it has been spent and if she did any special gifting within those five years.
western, I really think it would be wise to consult a lawyer specializing in Elder Law with your questions, and find out any legal ways to protect your share of the assets.
The nursing home does not have access to the assets. The assets much be "spent down" before Medicaid is available. One way to spend them down is to pay a nursing home. There are many other ways to do that, too. The lawyer can help you understand your options.
Who pays the taxes on the yearly income of the assets. The reason that I ask this is because I was joint owner of my mother's investments with right of survivorship. I was also joint owner of her bank accounts. However, she was the primary owner and thus paid taxes on the yearly gains of those accounts and assets. I never had to use the investments for her care because she died before the bank accounts were depleted.
What is likely going to happen when mom applies for Medicaid, is that the state will require anywhere from 6 months to 5 years of all of mom's financials. That means any accounts with her name on them or tied to her SS #. Medicaid basically views all these to be wholly her assets and subject to a spend-down before she will qualify for Medicaid.
What you have done is called commingling - although it probably seemed to be a good idea years & years ago, it now is a problem. You now will have to be able to clearly show separation of the joined assets. Clearly be able to show your income stream & mom's income stream. imho this is not a DIY project - although you will have to get the paperwork & details together - you need an attorney to structure how the division is done that will pass Medicaid scrutiny.
Personally I would go as soon as possible and set up individual account in each of your names & SS #'s of which your income goes into yours & mom's goes into hers. Do this soon so that you start 2015 with direct deposit of mom's SS and retirement or any other income she gets going in to create a fresh start on all this. Do this & get an elder law appointment set up. This site has a drop down list by state for attorneys too. Good luck & keep a sense of humor in all this.
I am legally able to withdraw my share of these assets. I would then pay the taxes on this money. Is it permissible to withdraw these funds before she enters a nursing home?
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.
The nursing home does not have access to the assets. The assets much be "spent down" before Medicaid is available. One way to spend them down is to pay a nursing home. There are many other ways to do that, too. The lawyer can help you understand your options.
What is likely going to happen when mom applies for Medicaid, is that the state will require anywhere from 6 months to 5 years of all of mom's financials. That means any accounts with her name on them or tied to her SS #. Medicaid basically views all these to be wholly her assets and subject to a spend-down before she will qualify for Medicaid.
What you have done is called commingling - although it probably seemed to be a good idea years & years ago, it now is a problem. You now will have to be able to clearly show separation of the joined assets. Clearly be able to show your income stream & mom's income stream. imho this is not a DIY project - although you will have to get the paperwork & details together - you need an attorney to structure how the division is done that will pass Medicaid scrutiny.
Personally I would go as soon as possible and set up individual account in each of your names & SS #'s of which your income goes into yours & mom's goes into hers. Do this soon so that you start 2015 with direct deposit of mom's SS and retirement or any other income she gets going in to create a fresh start on all this.
Do this & get an elder law appointment set up. This site has a drop down list by state for attorneys too. Good luck & keep a sense of humor in all this.