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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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Just chiming in my agreement with the others that buying her house at below value will come back to bite all of you in your behinds. Do not do it. You will possibly create a caregiving nightmare if you do and she needs Medicaid (which many people often do) and the penalty period can be years. Ultimately your mom will be the one paying the biggest price.
Even if she does not revoke POA, POA does not allow one to overrule the person they are POA for.
I have POA for my mom and she is loaning money to one of my brothers all the time. My other brother and I do not like it, but she can do what she wants, evne if I have POA
"My mother wants to sell me her home for 20k the home is worth about 90k"
You never know when Medicaid maybe needed. Mom could fall and break her hip and end up needing care in a NH. There will be a Medicaid penalty. The penalty doesn't mean someone will need to pay for her care, but it does mean you or sister may have to care for her during the penalty period.
So yes the house needs to sell at Market Value. The only thing I see here is once Mom passes, that you buy ur sister out.
You can't actually expect your sister to give up her inheritance so you can get a gonga deal on the house while she is the full time caregiver for mom.
If you want to buy the house you need to pay fair market value and not take advantage of your mom. At 95 she has challenges physically and mentally, it is just how it is.
You should give up trying to get the house at 20k, it could be construed as financial exploitation of a vulnerable senior.
If I were sis I would be willing to sell the house to you at market value. Selling it for less will cause sis as POA problems with trying to get mom qualified for Medicaid if she needs it. The difference between the market value and 20k you propose paying is 70K and also the amount of the penalty Medicaid would charge mom with. That 70 k would have to be paid out of somebody's pocket for long term care for mom.
If your mother sells the home for below market value and later needs Medicaid there will be serious problems. This may be why sister is opposed to sale.
Ditto. As long as your mother hasn’t been certified as incompetent in a court of law and/or has a official diagnosis of moderate to severe dementia from a qualified doctor - she does not need your sisters permission to do a dam thing!
These power crazy POAs and DPOAs who think they have authority “over” the person really chap my hide.
I agree with PP that your mom can likely revoke the POA, but you need to be very careful if your mom might need Medicaid in the future Selling a property to a related party can be scrutinized, as to was it sold for fair market value and if it were sold for less, there could be a gift imputed.
Hello My mother wants to sell me her home for 20k the home is worth about 90k I went through a bad divorce and lost everything been struggling to make ends meat my mom is 95 and in good health I dont know all the ins and outs of buying her home
Your profile merely addresses age related decline, which doesn't necessarily mean there's any cognitive dysfunction involved. So, assuming Mom is capable of making her own decisions, and as Worried states, she can revoke the POA.
If it's a springing POA and the conditions don't exist for it to "spring", then your sister doesn't have the authority to prevent your mother from selling to you.
Best take your mother to the attorney who drafted the document and have her/him prepare a revocation and notify your sister.
Has your sister made efforts to take over finances?
My sister is been doing her banking because my mother cant see to sing she is 95 and still in decent health she needs someone to cook for her and make sure she takes the right meds but gets around and has a better memory than me
If your mother is of sound mind, she can revoke the POA and tell your sister to go pound sound. A POA is something you have FOR someone not something you have OVER them. POA doesn’t give your sister the right to override your mother’s decision or control her.
Thank You, my mother stays with my sister for the night however my sister told her if she sells the house to me she will boot her out and make her live with me witch is know problem but i work till late and know one would be there to help her
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.
I have POA for my mom and she is loaning money to one of my brothers all the time. My other brother and I do not like it, but she can do what she wants, evne if I have POA
You never know when Medicaid maybe needed. Mom could fall and break her hip and end up needing care in a NH. There will be a Medicaid penalty. The penalty doesn't mean someone will need to pay for her care, but it does mean you or sister may have to care for her during the penalty period.
So yes the house needs to sell at Market Value. The only thing I see here is once Mom passes, that you buy ur sister out.
If you want to buy the house you need to pay fair market value and not take advantage of your mom. At 95 she has challenges physically and mentally, it is just how it is.
You should give up trying to get the house at 20k, it could be construed as financial exploitation of a vulnerable senior.
As long as your mother hasn’t been certified as incompetent in a court of law and/or has a official diagnosis of moderate to severe dementia from a qualified doctor -
she does not need your sisters permission to do a dam thing!
These power crazy POAs and DPOAs who think they have authority “over” the person really chap my hide.
If it's a springing POA and the conditions don't exist for it to "spring", then your sister doesn't have the authority to prevent your mother from selling to you.
Best take your mother to the attorney who drafted the document and have her/him prepare a revocation and notify your sister.
Has your sister made efforts to take over finances?