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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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"In some states, Texas & Florida, you cannot place a lien on a person's home from CC related judgement. Homes there are judgement proof - which is why some wealthy have a $$$$ residence in those states as it can't be touched. In other states, it's probably different. My aunt was in Texas so there could never be a CC lein on her house. She was judgement proof which is true for lots of elderly."
Very interesting, there was a CC lien on my fathers house that I had to pay before I could sale it. It was in my siblings name so obviously a joint account...
I was executrix for an aunt who died @ 88 w/12K in CC debt.
Who gives an 80+ yr old credit cards?????
It seems that this all depends on how you view debt responsibility. CC is unsecured debt. There's probably 2 situations: owed $$ for a long time; or was paying till death.
If the CC debt was a problem before the death, there would need to be a judgement rendered while the person was alive in order be collected from the estate. And they would need to go to the probate court with a valid judgement to be placed in line for claims within a set period of time (ours was 30 days) .
For most elderly, judgements are unenforceable as there is no salary to attach. Bank accounts that get only SS or other federally protected income cannot be attached - Section 207 of the Social Security Act - either.
In some states, Texas & Florida, you cannot place a lien on a person's home from CC related judgement. Homes there are judgement proof - which is why some wealthy have a $$$$ residence in those states as it can't be touched. In other states, it's probably different. My aunt was in Texas so there could never be a CC lein on her house. She was judgement proof which is true for lots of elderly.
Unless you are a co-signer from the initial CC application your parent did, you are NOT responsible for any debt. If you are getting collections calls, a nightmare as they are relentless, do not agree to anything they say. FairDebtCollection.com is a great site for this issue.
Now if the situation is she was making payments and now has died and payments are not being made, then it's somewhat different. Shouldn't be paying anything till in probate.
Whomever is the executor of the estate is responsible for handling proceeds of the estate through probate court. We also had a probate attorney. (DPOA doesn't factor in here once the person has died). Executor or attorney needs to file a notice in the paper in the city they resided which gives creditors a set period to request payment from estate. The secured debtors (mortage holders, IRS levies) get paid first. Medicaid (DHS or DHHS) can place a lien on estate proceeds under "estate recovery", so they are secured also. You really do not have a choice but to pay these as you can't get clear title to sell property without. These get paid off the top by executor and filed with probate court administrator. So no funny stuff.
After that, executor usually divides the proceeds according to the will. For us, 3 years to finalize & distribute. CC got zero.
Whoever is the executor gets this problem. If CC doesn't show at the hearing then they can't get anything ever. If they do show, they just get added to the list of unsecured creditors.
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.
$$$$ residence in those states as it can't be touched. In other states, it's probably different. My aunt was in Texas so there
could never be a CC lein on her house. She was judgement proof which is true for lots of elderly."
Very interesting, there was a CC lien on my fathers house that I had to pay before I could sale it. It was in my siblings name so obviously a joint account...
Who gives an 80+ yr old credit cards?????
It seems that this all depends on how you view debt responsibility. CC is unsecured debt. There's probably 2
situations: owed $$ for a long time; or was paying till death.
If the CC debt was a problem before the death, there would need to be a judgement rendered while the person was alive in order be collected from the estate. And they would need to go to the probate court with a valid judgement to be placed in line for claims within a set period of time (ours was 30 days) .
For most elderly, judgements are unenforceable as there is no salary to attach. Bank accounts that get only SS or other federally protected income cannot be attached - Section 207 of the Social Security Act - either.
In some states, Texas & Florida, you cannot place a lien on a person's home from CC related judgement. Homes there are judgement proof - which is why some wealthy have a
$$$$ residence in those states as it can't be touched. In other states, it's probably different. My aunt was in Texas so there
could never be a CC lein on her house. She was judgement proof which is true for lots of elderly.
Unless you are a co-signer from the initial CC application your parent did, you are NOT responsible for any debt. If you are getting collections calls, a nightmare as they are relentless, do not agree to anything they say. FairDebtCollection.com is a great site for this issue.
Now if the situation is she was making payments and now has
died and payments are not being made, then it's somewhat different. Shouldn't be paying anything till in probate.
Whomever is the executor of the estate is responsible for
handling proceeds of the estate through probate court. We also had a probate attorney. (DPOA doesn't factor in here once the person has died). Executor or attorney needs to file a notice in the paper in the city they resided which gives creditors a set period to request payment from estate. The secured debtors (mortage holders, IRS levies) get paid first. Medicaid (DHS or DHHS) can place a lien on estate proceeds under "estate recovery", so they are secured also. You really do not have a choice but to pay these as you can't get clear title to sell property without. These get paid off the top by executor and filed with probate court administrator. So no funny stuff.
After that, executor usually divides the proceeds according to the will. For us, 3 years to finalize & distribute. CC got zero.
Whoever is the executor gets this problem. If CC doesn't show at the hearing then they can't get anything ever. If they do show, they just get added to the list of unsecured creditors.