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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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As long as it's the right sort of POA (a springing, Durable POA designed to come into force when your mother is no longer of sound mind) and your mother has been declared incompetent then no your mother cannot consent to the sale of her property - and your brother has perfectly demonstrated why.
No contract, no sale, the property remains whoever's it was before your bro "snuck in." Is there anything on paper?
If your mother is of sound mind and has not be ruled incompetent or incapacitated, yes, she can sell her property without your OK. Your POA does not usurp her right to make decisons on her own.
She can sell whatever she wants to; your POA enables you to do things on her behalf should become incapacitated or unable. To be in total control, so she could not sell her home, or transfer assets, well that would need for you to become her guardian. Guardianship is a totally different process than POA & requires court filing, hearing(s) b 4 a judge, reporting, etc.
So brother got mom to sell her home to him for $500. Assuming the property is worth way more, the issue is he took advantage of a vulnerable adult (your mom). Should she need the $ that a FMV / fair market value sale of the house would provide for her, or should bro kick mom out so she’s homeless (or you too if you live there), then bro needs to be charged with taking advantage of a vulnerable adult. You’d start this by gathering up all the documentation and contacting APS (adult protective services) so they can do thier investigation and then they contact law enforcement. Often if you do this, the threat of law enforcement placing charges will cause the bad child to transfer the property back to the parent. And then you’ll need to file for guardianship so that mom cannot be persuaded to do stuff like this ever again. Your guardianship will over rule anything she tries to do on her own.
The sticky part is that Mom has to be willing to file charges against her son. OR if she’s deemed incompetent then you as dpoa need to be willing to do this against your brother.
Please realize that if she needs to apply for Medicaid sometime btween now and summer of 2026, the transfer of the home will place a gifting penalty on her LTC Medicaid application based on the full value of the home and she will be ineligible for LTC till the penalty period is over. A home with assessor value of 200k in a state that Medicaid pays $200 a day for NH care would have 1,000 day penalty starting the day she applied for LTC Medicaid. She would need to not file till August, 2026 in order to get beyond the 5 yr lookback that LTC Medicaid requires.
Igloo is spot on as usual in these matters. The question her is one of competency, and gifting as it pertains to future medicaid needs. Talked her into selling it to who, exactly? To him? Because that kind of exchange is considered elder abuse and fraud and is reportable at once lacking any other explanations. If your mother is competent to sell then she can sell. Your POA overrides your mother's wishes ONLY when she is not competent to make her own decisions and this has been attested to according to your document of POA. So she can sell, but if she sells it for 500.00 she is gifting the rest of its assessed value and this would mean there will be no medicaid for your Mom for the 2 1/2 (California) to 5 years (most other states) length of time. Adult Protective Services should be contacted on Monday because it sounds very much as though your Mom may not have understood what she is doing.
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.
No contract, no sale, the property remains whoever's it was before your bro "snuck in." Is there anything on paper?
To be in total control, so she could not sell her home, or transfer assets, well that would need for you to become her guardian. Guardianship is a totally different process than POA & requires court filing, hearing(s) b 4 a judge, reporting, etc.
So brother got mom to sell her home to him for $500. Assuming the property is worth way more, the issue is he took advantage of a vulnerable adult (your mom). Should she need the $ that a FMV / fair market value sale of the house would provide for her, or should bro kick mom out so she’s homeless (or you too if you live there), then bro needs to be charged with taking advantage of a vulnerable adult. You’d start this by gathering up all the documentation and contacting APS (adult protective services) so they can do thier investigation and then they contact law enforcement. Often if you do this, the threat of law enforcement placing charges will cause the bad child to transfer the property back to the parent. And then you’ll need to file for guardianship so that mom cannot be persuaded to do stuff like this ever again. Your guardianship will over rule anything she tries to do on her own.
The sticky part is that Mom has to be willing to file charges against her son. OR if she’s deemed incompetent then you as dpoa need to be willing to do this against your brother.
Please realize that if she needs to apply for Medicaid sometime btween now and summer of 2026, the transfer of the home will place a gifting penalty on her LTC Medicaid application based on the full value of the home and she will be ineligible for LTC till the penalty period is over. A home with assessor value of 200k in a state that Medicaid pays $200 a day for NH care would have 1,000 day penalty starting the day she applied for LTC Medicaid. She would need to not file till August, 2026 in order to get beyond the 5 yr lookback that LTC Medicaid requires.
Talked her into selling it to who, exactly? To him? Because that kind of exchange is considered elder abuse and fraud and is reportable at once lacking any other explanations. If your mother is competent to sell then she can sell. Your POA overrides your mother's wishes ONLY when she is not competent to make her own decisions and this has been attested to according to your document of POA. So she can sell, but if she sells it for 500.00 she is gifting the rest of its assessed value and this would mean there will be no medicaid for your Mom for the 2 1/2 (California) to 5 years (most other states) length of time. Adult Protective Services should be contacted on Monday because it sounds very much as though your Mom may not have understood what she is doing.