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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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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.
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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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If your husband owns the car loan individually, it is not your responsibility. Credit accounts likewise. That said, you will likely still be pressured to pay off his consumer debts.
To protect yourself, try on your own first and document every contact you have with all creditors. Phone calls, mail, faxes, in-person visits.
Obtain a free copy of your individual credit report from all 3 major credit bureaus - TransUnion, Equifax, and Experian. Don't give any creditor an opportunity to claim you owe if you never assumed responsibility.
1) As Financial Power-of-Attorney, you have the authority to conduct his business. Have this document in hand at all times.
2) Your credit reports will show you are not an account owner. Have these in hand at all times.
3) A copy of the car loan contract will show you did not co-sign. Have this in hand before contacting the auto lender.
Say upfront he went into a nursing home and will never be able to pay any bills from this point forward. Tell them you are in charge of handling all his affairs.
Emphasize (politely) you will not/can not take over his debts.
If none of this works for the car loan, get an attorney to put a stop to the run-around. If communications by phone and mail to other creditor are unsuccessful, bring that to the attention of an attorney.
No banks want to give up an account if they can find someone willing to assume the debt. It's expensive to repossess and re-market the car. It's expensive to write off credit card debt. So they look to family first and try to convince family to assume the debts. His creditors already know family doesn't owe for debts you've never been a party to, but hope families don't.
Since your credit reports can again be obtained by you for free every 12 months, one year after the debt is cancelled, check your credit reports again. Verify the car loan and other debt was not incorrectly marked as your debt. An attorney should be contacted if this happens to make sure it's done and over with.
Couple of different issues here imo: My understanding is that medicaid allows for one (1) car to be an exempt asset. If you all have two cars, it’s gonna keep him from eligibility. What to do to me kinda depends on if it would be better to sell the older less dependable one and keep the newer one IF the car payment is manageable & car fits your needs. Or get rid of both and get a newer one that is.
Medicaid aside, another issue will be about if you are a co-signer on either, if so, his debt is your debt. Or if it’s purely & truly his only. What happens kinda depends on the type of debt.
Car is secured lending, so they will do whatever to enforce the loan & are in a legal position to do so. If you need car, then either you can pay the monthly & insurance, gas & maintenance & do not change anything to the loan but just assume all costs quietly. If not paid, it defaults &. lender will do a repo eventually. If it’s joint debt, it will be on your credit report & affect your rating. Personally I’d try to not let it get to the default or repo stage as that can get ugly, but instead send a certified letter to whatever the correspondence address is on his loan as to his moving into a NH so defaulting on loan and schedule a return. Whatever you do, please please you always sign as “in your limited ability as DPOA for John Smith”, do not sign your name or as Mrs John Smith.
CC debt is unsecured lending. What seems to happen is that credit card lender (the OC aka original creditor & a banking group usually) will carry balance for a while & then goes into past due with increased APR & whatever late fees or other changes placed atop the balance. OC eventually writes it off. If it’s larger CC banking group, they will sue & go to court to get a judgement on him. They get local law firm who can file for judgement with a wage or bank garnishment. If you still share bank accounts, it doesn’t matter for the garnishment. You have to make sure his SS# not tied at all into your $ your accounts.
Usually Medicaid will want each of you to keep separate accounts as your income & your allowed assets not a factor for his Medicaid & not subject to a judgement against him; so his income - like SS$- just going into his solo account. No more shared accounts although you can be a signatory on his account & have it POD to you. If he gets a judgement, not all banks know not to allow a garnishment on a purely SS income or other protected income from being seized. If garnishment happens, can morph into a problem as Medicaid requires him to do a copay to the NH of almost all of his SS & whatever else income he has. Like with the car loan, I’d suggest you do a certified letter stating the situation to the OC ASAP & that his account to be closed as his only income source is SS, he’s in a NH & as such protected income from garnishment, judgement or bankruptcy. If you can catch it soon they may not sell it.
Otherwise OC will sell account to secondary debt collections. They will hound him & you relentlessly by phone and mail. Then they sell it to an even lower bottom feeder collections group. Your gonna have to learn to ignore them. They are relentless & ruthless.
the OC, as they write off the debt, can do a 1099-C to him for past due plus interest & fees. A 20k debt could easily go to $24,678.90. It is taxable income. Yes read that again.... it is taxable income & reported to IRS. If this is big CC debt $$$, could be quite a lot of taxes owed. Taxes imho you have to pay as IRS can attach his SS$ or other retirements. They aren’t protected from “supercreditors” like IRS or state taxing authorities. He cannot a supercreditor attachment have happen as he is required by Medicaid to do a copay or his income to the NH.
I don’t know if bankruptcy is feasible if he’s not competent & cognitive. I think for BK now, theres required debt counseling course, filing questionnaire & appear before a judge.
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.
To protect yourself, try on your own first and document every contact you have with all creditors. Phone calls, mail, faxes, in-person visits.
Obtain a free copy of your individual credit report from all 3 major credit bureaus - TransUnion, Equifax, and Experian. Don't give any creditor an opportunity to claim you owe if you never assumed responsibility.
1) As Financial Power-of-Attorney, you have the authority to conduct his business. Have this document in hand at all times.
2) Your credit reports will show you are not an account owner. Have these in hand at all times.
3) A copy of the car loan contract will show you did not co-sign. Have this in hand before contacting the auto lender.
Say upfront he went into a nursing home and will never be able to pay any bills from this point forward. Tell them you are in charge of handling all his affairs.
Emphasize (politely) you will not/can not take over his debts.
If none of this works for the car loan, get an attorney to put a stop to the run-around. If communications by phone and mail to other creditor are unsuccessful, bring that to the attention of an attorney.
No banks want to give up an account if they can find someone willing to assume the debt. It's expensive to repossess and re-market the car. It's expensive to write off credit card debt. So they look to family first and try to convince family to assume the debts. His creditors already know family doesn't owe for debts you've never been a party to, but hope families don't.
Since your credit reports can again be obtained by you for free every 12 months, one year after the debt is cancelled, check your credit reports again. Verify the car loan and other debt was not incorrectly marked as your debt. An attorney should be contacted if this happens to make sure it's done and over with.
My understanding is that medicaid allows for one (1) car to be an exempt asset. If you all have two cars, it’s gonna keep him from eligibility. What to do to me kinda depends on if it would be better to sell the older less dependable one and keep the newer one IF the car payment is manageable & car fits your needs. Or get rid of both and get a newer one that is.
Medicaid aside, another issue will be about if you are a co-signer on either, if so, his debt is your debt. Or if it’s purely & truly his only. What happens kinda depends on the type of debt.
Car is secured lending, so they will do whatever to enforce the loan & are in a legal position to do so. If you need car, then either you can pay the monthly & insurance, gas & maintenance & do not change anything to the loan but just assume all costs quietly. If not paid, it defaults &. lender will do a repo eventually. If it’s joint debt, it will be on your credit report & affect your rating. Personally I’d try to not let it get to the default or repo stage as that can get ugly, but instead send a certified letter to whatever the correspondence address is on his loan as to his moving into a NH so defaulting on loan and schedule a return. Whatever you do, please please you always sign as “in your limited ability as DPOA for John Smith”, do not sign your name or as Mrs John Smith.
CC debt is unsecured lending. What seems to happen is that credit card lender (the OC aka original creditor & a banking group usually) will carry balance for a while & then goes into past due with increased APR & whatever late fees or other changes placed atop the balance. OC eventually writes it off. If it’s larger CC banking group, they will sue & go to court to get a judgement on him. They get local law firm who can file for judgement with a wage or bank garnishment. If you still share bank accounts, it doesn’t matter for the garnishment. You have to make sure his SS# not tied at all into your $ your accounts.
Usually Medicaid will want each of you to keep separate accounts as your income & your allowed assets not a factor for his Medicaid & not subject to a judgement against him; so his income - like SS$- just going into his solo account. No more shared accounts although you can be a signatory on his account & have it POD to you. If he gets a judgement, not all banks know not to allow a garnishment on a purely SS income or other protected income from being seized. If garnishment happens, can morph into a problem as Medicaid requires him to do a copay to the NH of almost all of his SS & whatever else income he has. Like with the car loan, I’d suggest you do a certified letter stating the situation to the OC ASAP & that his account to be closed as his only income source is SS, he’s in a NH & as such protected income from garnishment, judgement or bankruptcy. If you can catch it soon they may not sell it.
Otherwise OC will sell account to secondary debt collections. They will hound him & you relentlessly by phone and mail. Then they sell it to an even lower bottom feeder collections group. Your gonna have to learn to ignore them. They are relentless & ruthless.
the OC, as they write off the debt, can do a 1099-C to him for past due plus interest & fees. A 20k debt could easily go to $24,678.90. It is taxable income. Yes read that again.... it is taxable income & reported to IRS. If this is big CC debt $$$, could be quite a lot of taxes owed. Taxes imho you have to pay as IRS can attach his SS$ or other retirements. They aren’t protected from “supercreditors” like IRS or state taxing authorities. He cannot a supercreditor attachment have happen as he is required by Medicaid to do a copay or his income to the NH.
I don’t know if bankruptcy is feasible if he’s not competent & cognitive. I think for BK now, theres required debt counseling course, filing questionnaire & appear before a judge.
You might want to post your question on www.Bogleheads.org