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How are they managing their medications?
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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
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If the debt is at all securitized to the property, the debt will have to be settled to ever get the title to be clear. Like mortgages and HELOC are securitized debts. Usually - if I’m not mistaken- credit cards are unsecuritized. So it cannot be attached. But the CC can file a claim as a creditor of the Estate if probate is opened. Now whether or not it can get paid, depends on how your state deals with these type of debts in probate and if the Estate has assets. If you have a beneficiary deed on the house, then it was done so that the house as an asset bypass probate so no issue for pesky creditors. HOWEVER If your mom is still alive, I think you are getting a bit ahead of yourself on this though. Right now if she is seriously delinquent in paying her CCs, the CC issuer will close out her account, write it off (this part is important, more below) and if so inclined can file a lawsuit against her, go to court and if she doesn’t show up, they can get a judgment against her which can be placed on property she owns, IF YOUR STATE allows for this.
But even if the credit card company (it’s called the OC aka Original Creditor in debt collection speak) do not do this, they can actually do other things to muck up mom’s life. When OC writes off the debt, it can be for balance owed + any fees they can add on and all the interest they too can add on till the write off is processed by the OC via the issuance of a 1099 Cancellation of Debt. Can issue mom a 1099 for this whole amount not just the balance you have on her statements. OC will send a copy of the 1099 to the IRS and it will be considered income to mom and she will owe taxes to the IRS on it. It like other 1099 get sent Jan/Feb for the prior year’s taxes. Yeah…..horrors! If amounts she owes are large, this could be quite substantial 1099s coming to her for her 2024 or 2025 taxes from each OC. Fwiw Any creditor owed more than $600 can issue a 1099 if they write off the debt.
Why this is especially important is that it is the IRS who is owed taxes on this “phantom income”. IRS is a supercreditor and can attach any SSA payment she gets to pay off taxes owed. Other types of creditors do not have this ability but IRS and State taxing authorities do. It seems to vary as to the amount be taken by the IRS, seems to be 30%. But if your mom absolutely needs every penny in her income or is on LTC Medicaid which requires a specific copay to the NH for almost all her income, this will become a serious problem. Sometimes it can be dealt with by having a CPA do her taxes to establish insolvency, done by Form 982 and Section 1082 filings. Not a DiY, it’s CPA work. Otherwise she should expect a % of her income to go to the IRS. It’s not pretty.
This is a question for a lawyer. I read beneficiaries are not responsible for the debt of the estate but in another thing I read, they may be. I think it may mean that if the house, that is turned over to them at death, has liens the person on that beneficiary deed will be responsible for that debt. Maybe even a Medicaid lien.
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.
HOWEVER
If your mom is still alive, I think you are getting a bit ahead of yourself on this though. Right now if she is seriously delinquent in paying her CCs, the CC issuer will close out her account, write it off (this part is important, more below) and if so inclined can file a lawsuit against her, go to court and if she doesn’t show up, they can get a judgment against her which can be placed on property she owns, IF YOUR STATE allows for this.
But even if the credit card company (it’s called the OC aka Original Creditor in debt collection speak) do not do this, they can actually do other things to muck up mom’s life. When OC writes off the debt, it can be for balance owed + any fees they can add on and all the interest they too can add on till the write off is processed by the OC via the issuance of a 1099 Cancellation of Debt. Can issue mom a 1099 for this whole amount not just the balance you have on her statements. OC will send a copy of the 1099 to the IRS and it will be considered income to mom and she will owe taxes to the IRS on it. It like other 1099 get sent Jan/Feb for the prior year’s taxes. Yeah…..horrors! If amounts she owes are large, this could be quite substantial 1099s coming to her for her 2024 or 2025 taxes from each OC. Fwiw Any creditor owed more than $600 can issue a 1099 if they write off the debt.
Why this is especially important is that it is the IRS who is owed taxes on this “phantom income”. IRS is a supercreditor and can attach any SSA payment she gets to pay off taxes owed. Other types of creditors do not have this ability but IRS and State taxing authorities do. It seems to vary as to the amount be taken by the IRS, seems to be 30%. But if your mom absolutely needs every penny in her income or is on LTC Medicaid which requires a specific copay to the NH for almost all her income, this will become a serious problem. Sometimes it can be dealt with by having a CPA do her taxes to establish insolvency, done by Form 982 and Section 1082 filings. Not a DiY, it’s CPA work. Otherwise she should expect a % of her income to go to the IRS. It’s not pretty.