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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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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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My mother is in an assistant living with Dementia. She is receiving hospice, she is receiving Medicaid for the last five years. She has a will and has will her trailer to her children. If we decide to keep it do we have to pay back Medicaid?
Skeith, I think the issue is not whether you can keep the trailer but rather whether or not Medicaid has filed a lien against it. Another issue is that, from my understanding, trailers are often on rented property; thus, all Medicaid could take would be the trailer and not the underlying land.
You'll first need to determine if Medicaid has filed a lien on the trailer. Since this would be a lien on a trailer rather than property, I'm not sure where the lien would be recorded. For property, you would search at the county Register of Deeds (or similar) office. It's possible Medicaid would have filed a lien through the Uniform Commercial Code as would be done commercially to lien assets and collateral for a loan.
Perhaps one of the Medicaid experts here can answer this question. Or, you can contact your Medicaid office and ask for a copy of any lien filed.
Just what can be done will be very much interdependent on your state's property and probate laws and any exemptions or exclusions to MERP (medicaid estate recovery) as per your states administrative code.
Not all states allow for Medicaid to place a lien on the property while the Medicaid receipient is alive but instead the $ paid by Medicaid is a claim against the estate of the deceased if probate is opened; if family/heirs do not open probate, most states have it that they are considered to have died "intestate" and intestate deaths usually have all assets escheat to the state. If its escheated to the state, they kinda control it. You would have to prove you are a heir and then deal with getting a release of the lien to transfer ownership correctly.
5 years Medicaid going to be 6 figures $$ owed to State.
Trailers are notorious for not retaining value. 5 years depreciation too. If in a park, no land value. Look at tax assessors bill...value Could be low.
SKeith - a ? For you.....If mom has been on Medicaid & in AL for 5 years, just who has been paying utilities, taxes, insurance, etc? Your mom has had to do the medicaid required copay/Share of cost to AL. So she has no $ but monthly personal needs allowance (average $60). Just who has been paying trailer costs? Are they living in it? Or vacant 5 years?
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.
You'll first need to determine if Medicaid has filed a lien on the trailer. Since this would be a lien on a trailer rather than property, I'm not sure where the lien would be recorded. For property, you would search at the county Register of Deeds (or similar) office. It's possible Medicaid would have filed a lien through the Uniform Commercial Code as would be done commercially to lien assets and collateral for a loan.
Perhaps one of the Medicaid experts here can answer this question. Or, you can contact your Medicaid office and ask for a copy of any lien filed.
Not all states allow for Medicaid to place a lien on the property while the Medicaid receipient is alive but instead the $ paid by Medicaid is a claim against the estate of the deceased if probate is opened; if family/heirs do not open probate, most states have it that they are considered to have died "intestate" and intestate deaths usually have all assets escheat to the state. If its escheated to the state, they kinda control it. You would have to prove you are a heir and then deal with getting a release of the lien to transfer ownership correctly.
5 years Medicaid going to be 6 figures $$ owed to State.
Trailers are notorious for not retaining value. 5 years depreciation too. If in a park, no land value. Look at tax assessors bill...value Could be low.
SKeith - a ? For you.....If mom has been on Medicaid & in AL for 5 years, just who has been paying utilities, taxes, insurance, etc? Your mom has had to do the medicaid required copay/Share of cost to AL. So she has no $ but monthly personal needs allowance (average $60). Just who has been paying trailer costs? Are they living in it? Or vacant 5 years?