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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.
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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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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.
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If this was a gift, was a Federal Form 709 filled out for the friend who gave the gift? In my experience these often are filled out by the giver's attorney.
I think the issue of what might be considered elder abuse b/c of dementia onset depends on the stage of the Alzheimer's. Has she been diagnosed and staged by a physician, and does she have the capacity to understand what financial gifting means?
It would be questionable and could be considered exploiting a vulnerable adult.
I would think you should know someone with Alzheimer's is not competent to make financial decisions of that level, so it would have better to thank her for her kind offer and decline.
Does she have children who are going to find out about this? You might be up front with them rather than be discovered after the fact.
Actually the money came from her sister who handles the money for her. I never asked for it, it just was zelled to my account. With a note saying a gift for you
No I spent the money on the implants which is what she said the gift was for Her sister sent the money to me I didn’t ask or expect it but it did help with the $50,000 bill
Jaijai, you don't need to worry. The money was given through her sister who handles her money, that means the sister agreed with giving you the money.
You're not going to jail. So, don't worry. Even if I'm wrong, I understand that inmates get free medical and dental care in jail. Haha. Sorry for the bad joke.
Embezzlement is when you are in charge of the money and steal it. Like the worst thing here would be taking advantage of an elder.
Keep that information saying it was zelled to you and it was a gift. You probably will not pay taxes but the person gifting need to file the 709 mentioned.
"If you give any one person gifts valued at more than $10,000 in a year, it is necessary to report the total gift to the Internal Revenue Service. You may even have to pay tax on the gift. The person who receives your gift does not have to report the gift to the IRS or pay gift or income tax on its value."
That is a very generous gift. If she has not been declared incompetent and gave it freely I don’t see how you could be accused of anything especially if she can afford to give it .
No. You will not be arrested for embezzlement or anything else at all unless your friend has family that want to make trouble. Even then, you really have no reason to worry. If your friend was still able to access $10,000 worth of her own funds and give it over to you, then no one had legal control to make decisions concerning her or her money. If it went through a third party (lower on the thread it states that her sister handles her money and gave it to you), then you really have no need to worry. If a sum of money is $10,000 or less state agencies and even credit card companies don't even really bother about it because it's not worth their time and resources to do so. It's not like you blatantly ripped your friend off and stole from her. Even if anyone tries to cry dementia and caregivers taking advantage or vulnerable seniors, the sister cut you the check. It's on her if anyone wants to come charging in with their righteous swords drawn. So don't even worry about it. If anyone tries to make trouble for you, they will also have to prove that your friend had dementia at the time the money was given to you. They would also have to prove that this money wasn't owed to you for some reason or another. Believe me, anyone looking to make a fuss about it would have to spend far more than what was given to you to recover it in damages.
In your profile, you state "I am tired of being used and thrown away like trash."
What does this mean? How much/what kind of caregiving do you do for this family friend? Do you get paid? How long have you been doing it? Are there caregiving issues behind the quote above?
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 think the issue of what might be considered elder abuse b/c of dementia onset depends on the stage of the Alzheimer's. Has she been diagnosed and staged by a physician, and does she have the capacity to understand what financial gifting means?
I would think you should know someone with Alzheimer's is not competent to make financial decisions of that level, so it would have better to thank her for her kind offer and decline.
Does she have children who are going to find out about this? You might be up front with them rather than be discovered after the fact.
You're not going to jail. So, don't worry. Even if I'm wrong, I understand that inmates get free medical and dental care in jail. Haha. Sorry for the bad joke.
You would be hard-pressed to find a person in the United States who went to jail over $10,000 in the last hundred years.
Keep that information saying it was zelled to you and it was a gift. You probably will not pay taxes but the person gifting need to file the 709 mentioned.
"If you give any one person gifts valued at more than $10,000 in a year, it is necessary to report the total gift to the Internal Revenue Service. You may even have to pay tax on the gift. The person who receives your gift does not have to report the gift to the IRS or pay gift or income tax on its value."
https://www.forbes.com/sites/ashleaebeling/2020/10/26/irs-announces-higher-estate-and-gift-tax-limits-for-2021/?sh=4035ae92459e
Even then, you really have no reason to worry.
If your friend was still able to access $10,000 worth of her own funds and give it over to you, then no one had legal control to make decisions concerning her or her money.
If it went through a third party (lower on the thread it states that her sister handles her money and gave it to you), then you really have no need to worry.
If a sum of money is $10,000 or less state agencies and even credit card companies don't even really bother about it because it's not worth their time and resources to do so.
It's not like you blatantly ripped your friend off and stole from her. Even if anyone tries to cry dementia and caregivers taking advantage or vulnerable seniors, the sister cut you the check. It's on her if anyone wants to come charging in with their righteous swords drawn. So don't even worry about it.
If anyone tries to make trouble for you, they will also have to prove that your friend had dementia at the time the money was given to you. They would also have to prove that this money wasn't owed to you for some reason or another. Believe me, anyone looking to make a fuss about it would have to spend far more than what was given to you to recover it in damages.
What does this mean? How much/what kind of caregiving do you do for this family friend? Do you get paid? How long have you been doing it? Are there caregiving issues behind the quote above?