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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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Caring for my mother. Lived with her my whole life. She was just diagnosed with dementia. Is it too late to transfer our house into my name? Only her name is on the deed.
Carding4her42, putting oneself onto a Deed isn't a good thing to do, income tax wise. You might face a large Capital Gains tax when you sell the house later on as your math basis would go all the way back to when your Mom had purchased the house.
If you inherit the house, the tax basis goes only back to the day of your Mom passing.
That alone is something to think about.
Best to speak with an Elder Law Attorney to see what is the best approach regarding your Mom's assets.
Yes, too late, but in terms of taxes you don't want it transferred anyway. If it's transferred, when you sell it, you'll have to pay capital gains taxes on any profit between the price Mom paid for it (the cost basis) and the sale price. If you inherit it, your cost basis becomes the value of the house the day Mom dies and when you sell, it would be taxed only on the difference between your cost basis and the sale price. Could be a huge difference.
Talk to an attorney and a tax person to determine the best course of action.
First, I don't see where the deed not being turned over to you would mean you would lose the house. Do you see Medicaid for Mom in her future? If so, then the house is an exempt asset. I would think you as a long standing resident would be allowed to remain in the home. Are you disabled? On Social Security Disability? There is so much when it comes to Medicaid and each state is different.
At this point, like said, Mom can no longer enter into a contract if she has been diagnosed with Dementia.
As always, you can consult an elder law expert, but if there are no other assets and you can no longer care for her at home, you don't have much to work with.
The lawyer can help you look at how any other assets might best be used and if there is any way the caregivers exemption might be used to help you out. Be prepared to discuss how much longer you could care for her at home, and how you personally could pay the home's expenses after that.
Edited to add: if she is still competent, get her POA, medical directive, will, and other paperwork in order soonest.
Carding4her42, it may or may not be too late for your mother to gift you her house. Given that she has been diagnosed with dementia, she should consult with an attorney to see what her options are. A dementia diagnosis, by itself, does not mean that a person is automatically and necessarily legally incompetent to sign legal documents, such as power of attorney (POA) and property title transfers. A reputable elder-law attorney should be able to determine her competency to sign legal documents as well as to otherwise advise her in matters such as her possible future need for Medicaid assistance. Medicaid rules vary from state to state, but I believe most recognize the value of adult children caring for parents in their own homes and thus have provisions that do not leave such adult children homeless. Indiana's Office on Aging should be able to provide you with a list of reputable elder-law attorneys and also provide other valuable information. Kudos to you for taking care of your mother. Best wishes to both of you in this journey.
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 you inherit the house, the tax basis goes only back to the day of your Mom passing.
That alone is something to think about.
Best to speak with an Elder Law Attorney to see what is the best approach regarding your Mom's assets.
Talk to an attorney and a tax person to determine the best course of action.
First, I don't see where the deed not being turned over to you would mean you would lose the house. Do you see Medicaid for Mom in her future? If so, then the house is an exempt asset. I would think you as a long standing resident would be allowed to remain in the home. Are you disabled? On Social Security Disability? There is so much when it comes to Medicaid and each state is different.
At this point, like said, Mom can no longer enter into a contract if she has been diagnosed with Dementia.
The lawyer can help you look at how any other assets might best be used and if there is any way the caregivers exemption might be used to help you out. Be prepared to discuss how much longer you could care for her at home, and how you personally could pay the home's expenses after that.
Edited to add: if she is still competent, get her POA, medical directive, will, and other paperwork in order soonest.