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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.
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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In serving as POA for three different individuals, I have ALWAYS considered the “joint account” as LO’s money being spent by me functioning as her “agent” solely for HER CARE and NEEDS.
This has always worked flawlessly both legally and morally for me. Taxes are a whiz, SS/pension/any assets go into her account, all payments made from the account.
If you have any specific issues about whose is whose, I’d plan to ask a lawyer schooled in elder care.
Esther911, never co-mingle your money with that of your Mom's, unless you meant the checking account belongs solely to your Mom and you are able to sign checks as Financial Power of Attorney. If the latter, the checks should say "your Mom's name or your name" together. The "or" means you can sign those checks.
When my was selling my Dad's house, he didn't want to go to settlement, thus I signed all the paperwork as POA. The profits from the sale were solely Dad's, not one penny was mine.
Said checking account only becomes yours alone if it is written in your Mom's Will and/or as a beneficiary on the checking account.
If it’s your own personal account , you need to fix it. If Medicaid is ever needed , they won’t be happy. My name is on my moms, only her money is there. My money is on my own account...
You signed escrow as your Mom, under POA (you) hopefully. These are your Mom's assets, not your. As POA you should not HAVE such an account. This is melding your and your Mom's money and can get you in a good deal of legal trouble. This is your Mom's asset and if you are enriched by sale of it that is illegal. You need to see an Elder Law Attorney so that you can become familiarized with how to act as POA for financial.
Does the POA specifically give you the authority to make gifts to yourself and is that in Mom's best interests?
This is almost always a bad idea since the elder may need the money in their lifetime and may need to qualify for LTC Medicaid. So it looks like financial abuse and makes a mess.
If it was a 12 million dollar house, consult an estate planning lawyer about estate tax. She might be able to afford the gift but you're doing it wrong. Are there other heirs?
I'm sure anyone suing you would consider this your money if it is a joint account.
You need to clean this up. Get an account in Mom's name only and put her money in to it. If she pays you for anything, document it properly, then it can go in an account with your name on it.
Unless you were on the deed of the house as a joint tenant or co-owner, it was your mom's house, and it's her money. I assume your joint account is set up that way to enable you to handle her expenses, not to share the money.
Your job is to keep scrupulous records of her money and how it's spent, and your expenses should be kept very separate from hers. I'm on my mother's checking account, but not one dime in it belongs to me nor would I ever spend a dime in it for anything that wasn't for her benefit. You should be doing the same thing.
If House was in her name, then She was 100% owner. It’s all her $.
Real property transactions are recorded at the courthouse and to the penny. Even if your in one of those states that allow Deeds to read “For the sum of $10 and other interests” the exact amount of the Act of Sale can be found out. Should mom need any State supported “at need” program from now to 2026, the State can delved into her financial history to see where her $ went to and why is is “at need” when it doesn’t make sense to be there.
so that you don’t make matters worse, I’d really suggest that you gather up all moms finances and schedule an elder law appointment for mom & you to go to. Assuming mom is still fairly competent and cognitive, she might can do a Personal Caregiver Agreement between you & her where she pays you to manage her affairs. Atty can do this and it’s all above board legit with taxes paid, filings done, etc. or maybe mom might be best off in some type of Trust. Things like this are not DIY as it’s really state sensitive for laws and how programs are run.
She has the $; have her get solid legal advice from an atty.
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.
This has always worked flawlessly both legally and morally for me. Taxes are a whiz, SS/pension/any assets go into her account, all payments made from the account.
If you have any specific issues about whose is whose, I’d plan to ask a lawyer schooled in elder care.
When my was selling my Dad's house, he didn't want to go to settlement, thus I signed all the paperwork as POA. The profits from the sale were solely Dad's, not one penny was mine.
Said checking account only becomes yours alone if it is written in your Mom's Will and/or as a beneficiary on the checking account.
As POA you should not HAVE such an account. This is melding your and your Mom's money and can get you in a good deal of legal trouble. This is your Mom's asset and if you are enriched by sale of it that is illegal.
You need to see an Elder Law Attorney so that you can become familiarized with how to act as POA for financial.
This is almost always a bad idea since the elder may need the money in their lifetime and may need to qualify for LTC Medicaid. So it looks like financial abuse and makes a mess.
If it was a 12 million dollar house, consult an estate planning lawyer about estate tax. She might be able to afford the gift but you're doing it wrong. Are there other heirs?
I'm sure anyone suing you would consider this your money if it is a joint account.
You need to clean this up. Get an account in Mom's name only and put her money in to it. If she pays you for anything, document it properly, then it can go in an account with your name on it.
Unless you were on the deed of the house as a joint tenant or co-owner, it was your mom's house, and it's her money. I assume your joint account is set up that way to enable you to handle her expenses, not to share the money.
Your job is to keep scrupulous records of her money and how it's spent, and your expenses should be kept very separate from hers. I'm on my mother's checking account, but not one dime in it belongs to me nor would I ever spend a dime in it for anything that wasn't for her benefit. You should be doing the same thing.
Real property transactions are recorded at the courthouse and to the penny. Even if your in one of those states that allow Deeds to read “For the sum of $10 and other interests” the exact amount of the Act of Sale can be found out. Should mom need any State supported “at need” program from now to 2026, the State can delved into her financial history to see where her $ went to and why is is “at need” when it doesn’t make sense to be there.
so that you don’t make matters worse, I’d really suggest that you gather up all moms finances and schedule an elder law appointment for mom & you to go to. Assuming mom is still fairly competent and cognitive, she might can do a Personal Caregiver Agreement between you & her where she pays you to manage her affairs. Atty can do this and it’s all above board legit with taxes paid, filings done, etc. or maybe mom might be best off in some type of Trust. Things like this are not DIY as it’s really state sensitive for laws and how programs are run.
She has the $; have her get solid legal advice from an atty.