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Acknowledgment of Disclosures and Authorization
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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For most states, their homesteaded & in their name property is an exempt asset for Medicaid for their lifetime. Now you may need to do an annual "return home" letter or some other paperwork to show intent to return. Medicaid doesn't care if there is a mortgage on the house or if it's owned free & clear.
So they can keep the home in theory. BUT the bigger issue will be in paying the mortgage & all the other items on the property (taxes, insurance, utilities, etc) once mom goes into a NH and onto Medicaid. Medicaid requires a co-pay or their "SOC" (share of cost in Medicaid-speak) of all their monthly income to the NH except for a small personal needs allowance. The PNA runs from $ 35 - 90 a month and depends on your state for the amount. MOM WILL HAVE NO $ FOR ANYTHING HOUSE ANYMORE; all her monthly $ basically goes to NH.
For those with a mortgage most of the time family just does not have the funds to pay on mom's house or really wants to pay a dime on the house, so the house is sold; mortgage paid off and any left over $ is used for their spend-down to qualify for Medicaid.
But your mom is just so underwater on the house, that there will be no $ from the sale. I'm not sure what would be best - to have mom walk on the house and let it go into foreclosure or to go the whole Realtor route and place the house on the market (& maybe get it sold via a short sell if the mortgage holder will allow). Personally I'd walk on the house as mom needs her income to do her co-pay. She's going into a NH and onto Medicaid, it's not like she will need good credit score anymore.
Some states will allow a diversion of some monthly income to pay for house maintenance, etc. if the house is on the market for a period of time. I was told it had to be listed with a Realtor (so is an MLS property) & no FSBO and for a set period of time (3 mos & could be asked for again for another 3 mos) and house has to be empty (no family living in the home) and truly on the market.
If she does a foreclosure, she may end up getting part of the mortgage written off and that will likely have 1099-C Cancellation of Debt income issues for taxes. This is important to be on the lookout for as it is taxable "income" for Medicaid - it can be dealt with but kinda is a PIA & you need a tax pro to do mom's taxes to establish impoverishment if she gets a 1099-C. If your state program does a IRS match up, you need to deal with this for your mom.
Good luck, this is going to be layers of issues to get through.
What Jeanne said was right. Since the house is underwater, I think I would let the mortgage company have the house if your mother goes into a nursing facility. I don't like shirking on debts, but this debt was not of your making. Your mother would not have money left to pay the mortgage each month if she was able to qualify for Medicaid. Family would have to pay the mortgage, taxes, and upkeep of the house out of pocket.
With or without mortgages, one house is an exempt asset. But if she has enough income to make those mortgage payments that might be a disqualifying factor.
A related consideration is, who is going to pay the mortgage if Mom goes into a care center? She won't have the income to do so.
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.
So they can keep the home in theory. BUT the bigger issue will be in paying the mortgage & all the other items on the property (taxes, insurance, utilities, etc) once mom goes into a NH and onto Medicaid. Medicaid requires a co-pay or their "SOC" (share of cost in Medicaid-speak) of all their monthly income to the NH except for a small personal needs allowance. The PNA runs from $ 35 - 90 a month and depends on your state for the amount. MOM WILL HAVE NO $ FOR ANYTHING HOUSE ANYMORE; all her monthly $ basically goes to NH.
For those with a mortgage most of the time family just does not have the funds to pay on mom's house or really wants to pay a dime on the house, so the house is sold; mortgage paid off and any left over $ is used for their spend-down to qualify for Medicaid.
But your mom is just so underwater on the house, that there will be no $ from the sale. I'm not sure what would be best - to have mom walk on the house and let it go into foreclosure or to go the whole Realtor route and place the house on the market (& maybe get it sold via a short sell if the mortgage holder will allow). Personally I'd walk on the house as mom needs her income to do her co-pay. She's going into a NH and onto Medicaid, it's not like she will need good credit score anymore.
Some states will allow a diversion of some monthly income to pay for house maintenance, etc. if the house is on the market for a period of time. I was told it had to be listed with a Realtor (so is an MLS property) & no FSBO and for a set period of time (3 mos & could be asked for again for another 3 mos) and house has to be empty (no family living in the home) and truly on the market.
If she does a foreclosure, she may end up getting part of the mortgage written off and that will likely have 1099-C Cancellation of Debt income issues for taxes. This is important to be on the lookout for as it is taxable "income" for Medicaid - it can be dealt with but kinda is a PIA & you need a tax pro to do mom's taxes to establish impoverishment if she gets a 1099-C. If your state program does a IRS match up, you need to deal with this for your mom.
Good luck, this is going to be layers of issues to get through.
A related consideration is, who is going to pay the mortgage if Mom goes into a care center? She won't have the income to do so.