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Who are you caring for?
Which best describes their mobility?
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How are they managing their medications?
Does their living environment pose any safety concerns?
Fall risks, spoiled food, or other threats to wellbeing
Are they experiencing any memory loss?
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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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would they lose the primary home gain exclusion if they contribute the property to the trust? Would they be better off selling the house and putting the proceeds into the trust.
I would consult a lawyer and a tax advisor because taxes must be paid by the conservator/guardian if they are incapable. I just asked a lawyer about trust and i was told that usually it would have to be a fairly large sum of money in order to be put into a trust. You could put the proceeds into a bank account with two persons names (person and POA). This is not a sellers market so it should be worth it.
The cost basis of their home, if they bought the home, is generally what they paid for it, plus the cost of improvements they can document, such as a remodel or room addition. If they put their home into a trust, the cost basis will typically be that same number. However, what happens to the cost basis after that depends on what type of trust they put it into. If it's a revocable living trust, the basis typically changes at death. If they take the (much bigger) step of putting it into an irrevocable trust, the basis typically "freezes" at that point and doesn't change. Another thing that can affect the basis is if the home is used as an investment property- things like depreciation can have an effect on the cost basis. Please note: this is not meant to be any form of tax advice, just general thoughts on the subject. For specific advice on the cost basis, your parents should consult their tax professional.
Trusts are tricky, my suggestion is to see an attorney who practices that speciality who is in the county or area where the property is. Many stockbrokers or other financial advisors or big producer real estate agents will have a short list of attorneys who do real estate oriented trusts, so ask about. This really is not the sort of thing to have the guy you know from high school who is an attorney to do.
I totally agree with Prophet that you need to have real $$ for Living Trust as it must be maintained. But LT can’t be easily contested, it’s all private unlike a will & probate.
For some a living trust works well - with ALL assets are placed in a trust. The title on the house deed and all other assets would change to reflect the trustee ownership. You would be the successor or grantor in the trust. If you do this – must be done by an attorney and it needs to be maintained too - so it needs a source or stream of $$ to maintain it.
If you should in the future have Medicaid pay for their care, then I think you don't need to worry about any Medicaid recovery as LT doesn’t go to probate. Probate is how states enforce MERP lien or claim. So in theory, Living Trust = No MERP.
You do need to be careful and make sure that ALL assets are in the trust - if you leave something out, then it will need to go to probate and can expose the trust. Again you need to spend the $ and get really need good legal on this.
I've been executrix twice for aunts, and 1 of the estates involved a prior marriage who had a LT so in theory everything was in a trust except he had excluded some oil & gas revenues as they weren't worth much (as most are) but then they showed up when probating her will and well it was quite the clusterF to unravel. So having all assets in the trust is super important and often the elder just doesn't realize or remember what's out there. Good luck.
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.
I totally agree with Prophet that you need to have real $$ for Living Trust as it must be maintained. But LT can’t be easily contested, it’s all private unlike a will & probate.
For some a living trust works well - with ALL assets are placed in a trust. The title on the house deed and all other assets would change to reflect the trustee ownership. You would be the successor or grantor in the trust. If you do this – must be done by an attorney and it needs to be maintained too - so it needs a source or stream of $$ to maintain it.
If you should in the future have Medicaid pay for their care, then I think you don't need to worry about any Medicaid recovery as LT doesn’t go to probate. Probate is how states enforce MERP lien or claim. So in theory, Living Trust = No MERP.
You do need to be careful and make sure that ALL assets are in the trust - if you leave something out, then it will need to go to probate and can expose the trust.
Again you need to spend the $ and get really need good legal on this.
I've been executrix twice for aunts, and 1 of the estates involved a prior marriage who had a LT so in theory everything was in a trust except he had excluded some oil & gas revenues as they weren't worth much (as most are) but then they showed up when probating her will and well it was quite the clusterF to unravel. So having all assets in the trust is super important and often the elder just doesn't realize or remember what's out there. Good luck.