Are you sure you want to exit? Your progress will be lost.
Who are you caring for?
Which best describes their mobility?
How well are they maintaining their hygiene?
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?
Which best describes your loved one's social life?
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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I acknowledge and authorize
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I consent to the collection of my consumer health data.*
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I consent to the sharing of my consumer health data with qualified home care agencies.*
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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.
Remember, this assessment is not a substitute for professional advice.
Share a few details and we will match you to trusted home care in your area:
DPOA has the right to attend an attorney for expert advise. As you seem not fully to understand this Fiduciary Duty, that is what I would do. You can also learn about record keeping and the meticulous files you will be required to keep. You can learn how to properly sign all checks AS a POA with your principal's name attested to with your signature. You can get all questions answered.
Read your POA document. It will stipulate whether or not and what you can be paid. Your document will also explain all powers you have and hold.
You are a live in caregiver. You can create with your Elder Law Attorney (paid for by the principal's funds) a "caregiver's contract" that will stipulate shared living costs, food costs, costs of hiring help for respite and for care, transportation costs, and etc.
After you see the Elder Law Attorney I hope you will update us with all you learned. I was POA and Trustee myself; it is a long learning curve. As you are also the caregiver you will need to understand how to hire in care, and what your duties in that regard are.
No, unless the DPOA stipulates it. Or, the person you are caring for is competent and willing to pay you. Then, for Medicaid purposes, the agreement should be written by a lawyer, witnessed and notarized. IMO its a conflict of interest to be paid if the one doing the caring is also the POA.
Doing this without the elder meeting with an attorney and then having an agreement drawn up by an attorney that’s notarized and more than likely witnessed, looks like you are “self dealing” and in breach of the required fiduciary duties of a POA. You would be signing checks to yourself or transferring $ to you, for work of which you are determining the rate / terms of and under your POA authority to yourself.
It’s self dealing. Terrible bad idea.
Why? Well if this elder has family, or a neighbor or church member or others (like a bank teller) have concerns for the elder, they can easily ask APS to look into a live in caregiver who seems to be “taking advantage of or exploiting a vulnerable elder”. If she needs to see a doctor or has an ER run and any of the staff feels something seem “off”, as they are mandated reporters, so they too can contact APS. APS has very wide authority to do an investigation & unbeknownst to you till they have a determination pretty well sussed out &/or solid case to file criminal charges against you.
You cannot set your own rate to pay yourself. Payment for things like this are based on community standards. If, for your city, agencies charge $28 hr for in home care aide, then it might make sense for you as an employee of the elder to get paid $20 hr as less administrative costs, no workmans comp paid, no health insurance paid etc. But if it’s $18 hr, then $10 hr makes sense. Most States Medicaid In Home programs pay State set minimum wage plus abt 20%, as this type of work is viewed as low skilled type of position. If you were a degreed licensed RN and they make $50 hr for in home in your State, maybe then you could bill an equivalent rate, otherwise it’s excessive & bs.
Also be aware of the tax implications on her paying you…. This is 100% taxable income for you. Under IRS rules you are NOT considered contract labor but are a household employee. Again 100% TAXABLE INCOME. The elder or the property owner are responsible for filing FICA and issuing you a W-2. IRS is real sticky about this. APS investigation tend to contact both IRS and SSA if they find areas of concern. SSA one morphs into her SS income then needing to be under representative payee status. If you have an APS investigation, you are basically toast on being allowed to rep payee. Either family member is found or it is placed on whatever systems your State has for limited conservatorship.
and if she gets to the point that her level of care should be done for her own safety, health and security in a facility like a NH, and she files for LTC Medicaid, that $ paid will surface as it’s a standard 5 yr lookback for most States; and unless there is a valid caregiver agrees done, it looks like she gifted all that $ to you and she will have a transfer penalty placed so will not be LTC Medicaid eligible. And the caseworker - as they too are mandated reporters- have to contact APS if they find concerns.
again terrible bad idea to do this and to continue on this path. She needs to herself speak with an elder law attorney.
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 can get all questions answered.
Read your POA document. It will stipulate whether or not and what you can be paid.
Your document will also explain all powers you have and hold.
You are a live in caregiver. You can create with your Elder Law Attorney (paid for by the principal's funds) a "caregiver's contract" that will stipulate shared living costs, food costs, costs of hiring help for respite and for care, transportation costs, and etc.
After you see the Elder Law Attorney I hope you will update us with all you learned. I was POA and Trustee myself; it is a long learning curve. As you are also the caregiver you will need to understand how to hire in care, and what your duties in that regard are.
It’s self dealing. Terrible bad idea.
Why? Well if this elder has family, or a neighbor or church member or others (like a bank teller) have concerns for the elder, they can easily ask APS to look into a live in caregiver who seems to be “taking advantage of or exploiting a vulnerable elder”. If she needs to see a doctor or has an ER run and any of the staff feels something seem “off”, as they are mandated reporters, so they too can contact APS. APS has very wide authority to do an investigation & unbeknownst to you till they have a determination pretty well sussed out &/or solid case to file criminal charges against you.
You cannot set your own rate to pay yourself. Payment for things like this are based on community standards. If, for your city, agencies charge $28 hr for in home care aide, then it might make sense for you as an employee of the elder to get paid $20 hr as less administrative costs, no workmans comp paid, no health insurance paid etc. But if it’s $18 hr, then $10 hr makes sense. Most States Medicaid In Home programs pay State set minimum wage plus abt 20%, as this type of work is viewed as low skilled type of position. If you were a degreed licensed RN and they make $50 hr for in home in your State, maybe then you could bill an equivalent rate, otherwise it’s excessive & bs.
Also be aware of the tax implications on her paying you…. This is 100% taxable income for you. Under IRS rules you are NOT considered contract labor but are a household employee. Again 100% TAXABLE INCOME. The elder or the property owner are responsible for filing FICA and issuing you a W-2. IRS is real sticky about this. APS investigation tend to contact both IRS and SSA if they find areas of concern. SSA one morphs into her SS income then needing to be under representative payee status. If you have an APS investigation, you are basically toast on being allowed to rep payee. Either family member is found or it is placed on whatever systems your State has for limited conservatorship.
and if she gets to the point that her level of care should be done for her own safety, health and security in a facility like a NH, and she files for LTC Medicaid, that $ paid will surface as it’s a standard 5 yr lookback for most States; and unless there is a valid caregiver agrees done, it looks like she gifted all that $ to you and she will have a transfer penalty placed so will not be LTC Medicaid eligible. And the caseworker - as they too are mandated reporters- have to contact APS if they find concerns.
again terrible bad idea to do this and to continue on this path. She needs to herself speak with an elder law attorney.