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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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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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Can I take my husband's name off of our deed if I have a POA with power to make all decisions concerning the home. my husband has FTD, dementia, and has been determined not competent to make decisions.
Does your husband’s Power of Attorney document have a clause that allows “Self Dealing” ? This is the clause that a title examiner would look for in the future, when you sell or transfer the real estate to someone else.
The Power of Self Dealing allows you, the attorney-in-fact, to make transactions that benefit you.
Without this Power, third parties can’t be sure that a transaction (in this case the conveyance of full ownership of the house) is not improper. They could view the conveyance of the house as a defect in title.
A person who signs a Power of Attorney document may decide they don’t want their agent (attorney-in-fact) to be able to make deals that benefit the agent. So, they intentionally don’t include a Power of Self Dealing in the document.
Your question illustrates, for everyone who is reading this, another reason to hire an attorney to draft your Power of Attorney document based on your specific needs and intentions. The attorney is trained to think of all the ways the Power of Attorney document can help you and your family.
Your case is common. The spouse of a memory loss patient who needs nursing home care must transfer the family home to their individual ownership, in order to qualify the memory loss patient for Medicaid.
In your case, you can consult an elder law attorney who knows the real estate conveyancing rules in your state. The attorney will read your husband’s power of attorney document, and determine whether it has sufficient power to do what you want it to. If you hire the attorney to handle the real estate conveyance that makes you the sole owner, the attorney will be responsible to make sure you will be able to sell or transfer the house in the future.
The attorney you hire can also provide valuable guidance on how to obtain Medicaid home care benefits, and plan for the potential need for care in a facility.
Thank you, John Roberts. I sincerely appreciate your advice. You are exactly right about getting the right attorney. I hope others take note. When we created our trust, my husband was diagnosed but still competent, (odd but competent). I told the attorney the situation and said we needed to be prepared for what may come. He was a reputable attorney and a good man but not an eldercare specialist. I thought we were covered. A few years later when I had a discussion with an eldercare attorney, she said we had some vulnerability. Thank you so much for your advice.
What an eye opener John - we don't have that option in the UK at least I don't think we do but it is something to know about and a question worth asking.
The trouble is when you don't know something you don't know to ask about it either. Takes a specialist like you to help us all and we soooooooooooooo need that from time to time
Not only might you need to explain how it is in his best interests, but it might have tax ramifications. When he passes and you inherit his half, when you sell the house you only have to pay Capital Gains from the time you inherited the half. If he "Quick Claims" you his half now, you would have to pay taxes on the difference between now and when you sell. I don't know if this makes sense, talk to your tax person. My mother insisted on Quick Claiming her part of a house we owned to me before she died, I tried to talk her out of it, but just decided it was easier to eat the difference. It was several thousand dollars. I knew it would happen so I was prepared.
Thank you for taking the time to respond. I feel I am in a catch-22. I can't afford full-time care for my husband on our own, but I have to work full time or I can't pay the mortgage. It appears we make to much to qualify for aid but not enough to pay it on our own. An elder care attorney told me 2 years ago, that filing a quit claim removing his name "could" be a way to protect the house. (It was a casual conversation, not paid legal advice). Medicare & supp. insurance do not cover home care. If he could qualify for medicaid, our state recoups everything they paid from the sale of the house. I can live in the house until I die, and when its sold they would take that money. I have no idea how many years, could be 3 more, could be 8-10 years. I couldn't afford to move if I sold it and I can't afford the upkeep of a 4 bedroom, yardwork & repairs. Two years ago my husband could have signed it himself. The notary does not have to witness the signature, only confirm with him his identity and that he signed it, I have legal power to make and sign all financial transactions on the house. I also have POA. My husband is legally incompetent, now. I'm getting in a financial hole because we have a negative cash flow paying for care every month. I'm about at the point of interviewing homeless people to find someone to watch him for room/board and a little cash. So I thought I might try the medicaid route, hence my question here. Thanks for your comments. At least I got to vent. Both of us have expressed a desire to die at home in this situation. And yes, I have left the door open to the possibility that at some point in time he may need to be in assisted living. It just isn't now. I will do whatever I have to do to care for this formerly intelligent, loving person who is being ravaged by BvFTD (look it up).
Clarification: "I have no idea how many years, could be 3 more, could be 8-10 years." I mean I don't know how many years my husband will live so what I end up owing the state could be the entire value of the house. Full time care $30 - $40k per year.
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 Power of Self Dealing allows you, the attorney-in-fact, to make transactions that benefit you.
Without this Power, third parties can’t be sure that a transaction (in this case the conveyance of full ownership of the house) is not improper. They could view the conveyance of the house as a defect in title.
A person who signs a Power of Attorney document may decide they don’t want their agent (attorney-in-fact) to be able to make deals that benefit the agent. So, they intentionally don’t include a Power of Self Dealing in the document.
Your question illustrates, for everyone who is reading this, another reason to hire an attorney to draft your Power of Attorney document based on your specific needs and intentions. The attorney is trained to think of all the ways the Power of Attorney document can help you and your family.
Your case is common. The spouse of a memory loss patient who needs nursing home care must transfer the family home to their individual ownership, in order to qualify the memory loss patient for Medicaid.
In your case, you can consult an elder law attorney who knows the real estate conveyancing rules in your state. The attorney will read your husband’s power of attorney document, and determine whether it has sufficient power to do what you want it to. If you hire the attorney to handle the real estate conveyance that makes you the sole owner, the attorney will be responsible to make sure you will be able to sell or transfer the house in the future.
The attorney you hire can also provide valuable guidance on how to obtain Medicaid home care benefits, and plan for the potential need for care in a facility.
Thank you so much for your advice.
The trouble is when you don't know something you don't know to ask about it either. Takes a specialist like you to help us all and we soooooooooooooo need that from time to time
An elder care attorney told me 2 years ago, that filing a quit claim removing his name "could" be a way to protect the house. (It was a casual conversation, not paid legal advice).
Medicare & supp. insurance do not cover home care.
If he could qualify for medicaid, our state recoups everything they paid from the sale of the house. I can live in the house until I die, and when its sold they would take that money. I have no idea how many years, could be 3 more, could be 8-10 years. I couldn't afford to move if I sold it and I can't afford the upkeep of a 4 bedroom, yardwork & repairs.
Two years ago my husband could have signed it himself. The notary does not have to witness the signature, only confirm with him his identity and that he signed it, I have legal power to make and sign all financial transactions on the house. I also have POA. My husband is legally incompetent, now.
I'm getting in a financial hole because we have a negative cash flow paying for care every month. I'm about at the point of interviewing homeless people to find someone to watch him for room/board and a little cash. So I thought I might try the medicaid route, hence my question here.
Thanks for your comments. At least I got to vent. Both of us have expressed a desire to die at home in this situation. And yes, I have left the door open to the possibility that at some point in time he may need to be in assisted living. It just isn't now. I will do whatever I have to do to care for this formerly intelligent, loving person who is being ravaged by BvFTD (look it up).