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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.
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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.
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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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Momsitter: Short answer is no. My brother, who is an attorney in California, but can also practice law in the state of Massachusetts placed our mother's estate into a trust. She was a Massachusetts resident.
Some POAs are very individualized according to what someone wants to allow the person named to be able to do in their name. The best person to answer this question is probably the attorney who created it for your mother. If not that person, then an experienced eldercare attorney.
Beware... any attorney can read it and give you advice but not all attorneys are experienced elder care law to know about changes in local laws designed to protect/provide for seniors. You definitely do not want to pay for a trust to be created only to find out later it did not meet the standards according to recent law changes and declared invalid later.
My experience: My daddy and mama had a living trust after mama died, an amendment was set with the trust by my daddy. When my daddy was showing signs of ALZ I explained to him that I needed to take over the bills and the house and everything. He was easy to convince and I took him to the attorney and my daddy resigned as trustee, as soon as he resigned then I became POA of everything, then my living trust was set up and my daughter is now my POA to be and executor of the estate when that becomes necessary.
The life estate Deed is basically POA for her home, I also have Financial POA, she does have a will and living will. Unfortunately, her memory is failing and is not able to make sound decisions. I have tried to discuss these issues and the next day its as if we never spoke about it.
You should read your PoA document to see if you have this authority. It may also depend upon which state you live in. Creating a trust is a lot of work and can be expensive (several thousands of dollars). This is something I'd consult with an elder law attorney.
Be careful... while the link to that attorney's website can provide helpful general info, if they are not in the same state where that attorney is licensed to practice it my not be accurate info. The info on that site can give you ideas for questions to ask when you meet with your local attorney.
Hi Momsitter - it may be helpful to share more info - and I think others on this forum will be able to provide you with more complete info on this...for now, I'll just ask what a life estate deed is - do you mean that you transferred the deed of her home to your name?
Also, you said you have POA for her health - what about the financial POA? Is she capable of still making decisions and is of sound mind? If someone has dementia and unable to make decisions, I don't know about setting up a trust for her - others would be able to steer you on this or you need to consult a lawyer. Does your mother have a will?
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.
Beware... any attorney can read it and give you advice but not all attorneys are experienced elder care law to know about changes in local laws designed to protect/provide for seniors. You definitely do not want to pay for a trust to be created only to find out later it did not meet the standards according to recent law changes and declared invalid later.
My daddy and mama had a living trust after mama died, an amendment was set with the trust by my daddy. When my daddy was showing signs of ALZ I explained to him that I needed to take over the bills and the house and everything. He was easy to convince and I took him to the attorney and my daddy resigned as trustee, as soon as he resigned then I became POA of everything, then my living trust was set up and my daughter is now my POA to be and executor of the estate when that becomes necessary.
In some cases a power of attorney allows a person to create, modify, or even revoke a trust."
Source: https://www.demirislawfirm.com/post/does-a-power-of-attorney-allow-a-person-to-create-a-trust#:~:text=In%20some%20cases%20a%20power,or%20even%20revoke%20a%20trust.
You should read your PoA document to see if you have this authority. It may also depend upon which state you live in. Creating a trust is a lot of work and can be expensive (several thousands of dollars). This is something I'd consult with an elder law attorney.
Also, you said you have POA for her health - what about the financial POA? Is she capable of still making decisions and is of sound mind? If someone has dementia and unable to make decisions, I don't know about setting up a trust for her - others would be able to steer you on this or you need to consult a lawyer. Does your mother have a will?