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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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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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Cyndy, I still don't understand. What does "attorney shopped" mean? He looked for another attorney to make changes? Let's start over.
Who created the trust? The "girlfriend"? And this is your mother? Then her boyfriend took her to the attorney, and "he shopped" to "get her sister out as beneficiary" - What did the attorney really do? Did he "lobby", "persuade someone"?
Cyndyb, with that additional information, ask the original attorney to help reverse the amended trust or to at least recommend an attorney to help with that. Obviously, if the amount of inheritance at stake is not substantial, it may not be worth the fight. But, depending on financial circumstances, your state's Legal Aid service may be able to help.
Cyndyb, you mentioned that the boyfriend took your Mom and the Trustee to the Attorney. When it comes to a Trust, your Mom is the Trustee, there isn't anyone else. I wonder if the boyfriend took Mom's Power of Attorney to the Attorney's office.
I think it is time for you to talk with an Elder Law Attorney about this situation and see what he/she can do for you. No Attorney worth his/her weight in salt would allow a person who has memory problems to amend a Trust.
The boyfriend took her and the trustee back to the attorney that she used to create the trust but that attorney was shocked at the decline mentally of the owner of the trust and refused to amend it so he attorney shopped until he could get her sister out as beneficiary and put himself in
Cyndyb, only the owner of the Trust can make any changes, so I don't know how on earth the boyfriend could change any thing. Who is giving you this information? Is it the boyfriend or the person who has dementia?
Specifically how did the BF "change" the terms of the Trust? He would have to be a co-settlor, or have created the trust himself; otherwise he can't a trust that someone else created and executed.
Cyndyb .... An irrevocable trust can't be modified or terminated without the beneficiary's permission. The grantor, having transferred assets into the trust, effectively removes all of his rights of ownership to the assets and thetrust. This is the opposite of a revocable trust, which allows the grantor to modify the trust.
Cyndyb, any trust, revocable or irrevocable, can be revoked under certain circumstances, e.g. if its creation involved fraud, abuse, coercion, etc. You should contact a good attorney for assistance.
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.
Who created the trust? The "girlfriend"? And this is your mother? Then her boyfriend took her to the attorney, and "he shopped" to "get her sister out as beneficiary" - What did the attorney really do? Did he "lobby", "persuade someone"?
This just isn't making sense to me.
I think it is time for you to talk with an Elder Law Attorney about this situation and see what he/she can do for you. No Attorney worth his/her weight in salt would allow a person who has memory problems to amend a Trust.