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My mom has dementia and still lives at home. I live with her and I am her 24/7 caregiver and am also her daughter. Can she sell or transfer the house to me even though she has dementia? Can I be put on the house with her? Suggestions please. Thanks.
It may depend on what stage of dementia she has. Elder law attorneys will query a client who would like to transfer assets; they need to be assured the client does in fact understand the steps she's taking. They're not medical people, but they need to ensure the right thing is being done, although there are unscrupulous attorneys who wouldn't bother.
There's another way this can be done, but you should definitely have it done by an elder law attorney. Assuming your mother understands the issues, she could transfer the home to you with the proviso that you maintain it to care for her, and that she remain there until her death. I don't recall offhand what this type of transfer is called.
I'm not sure about conveying it to you and her, to be held jointly with rights to the survivor (you). Again, I think it would depend on the stage of her dementia. But that way the house would pass to you directly on her death. That might be the optimum way to handle the situation.
I would defitely raise these issues with an elder law attorney. If you don't have one, it's appropriate to get one fairly soon so that you can also get durable and medical powers of attorney.
Diana - I think you have a couple of different issues going on….my guess is that as mom's caregiver you are realizing that mom's needs are starting to change and then what happens….if mom has to move to a NH, then what happens to you & to being able to stay at the house and have a place to live. Are these your concerns?
She may not be on Medicaid now but they do a 5 year look back at her assets. When I met with an elder care attorney, she said she wished I'd come in a couple years sooner. She said that it really helps to plan things before they need Medicaid, in anticipation that they may need Medicaid. Four years ago, I wouldn't have dreamt Mom's health would change so and that we'd go thru the money for her care.
Sell at Fair Market Value, yes. But if she is on Medicaid, her benefits would stop coming, as they expect the money from the sale to pay for her care. If she gifts it to you, there would be a large gift tax and again Medicaid imposes a penalty. PLUS if her dementia is advanced, she cannot sign a contract for the sale. You might want to talk to an Elder Law attorney.
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.
There's another way this can be done, but you should definitely have it done by an elder law attorney. Assuming your mother understands the issues, she could transfer the home to you with the proviso that you maintain it to care for her, and that she remain there until her death. I don't recall offhand what this type of transfer is called.
I'm not sure about conveying it to you and her, to be held jointly with rights to the survivor (you). Again, I think it would depend on the stage of her dementia. But that way the house would pass to you directly on her death. That might be the optimum way to handle the situation.
I would defitely raise these issues with an elder law attorney. If you don't have one, it's appropriate to get one fairly soon so that you can also get durable and medical powers of attorney.
Good luck!