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
[email protected] 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.
*If I am consenting on behalf of someone else, I have the proper authorization to do so. By clicking Get My Results, you agree to our
Privacy Policy. You also consent to receive calls and texts, which may be autodialed, from us and our customer communities. Your consent is not a condition to using our service. Please visit our
Terms of Use. for information about our privacy practices.
You AGREED to this deal and what you get in return is the granny flat after she passes. Correct? Sadly you will find that you got the bad end of the deal with this.
Your siblings, who are upset that the tiny inheritance will only go to you in the form of a granny flat, which you will no doubt EARN over the next few months or years, are they offering to split up the care giving 4 ways? Or are they happy with you doing it all for nothing, but still want their share of the inheritance?
If my parents made that sort of arrangement with either of my sisters, I'd actually be OK with it.
You really need to see an elder law attorney. I offer a couple of suggestions for possible solutions, but you need to run these by an attorney.
First, lease your mother land to locate "her" granny pod with a clause that when she no longer lives in the granny pad it must be removed from your property within a reasonable time frame, maybe one year. The granny pad will become part of Mom's estate and can be sold independently of your land with the funds being claimed by Medicaid Recovery or disbursed to her heirs. This would have been better executed before construction started, particularly to aid in constructing a pod that would easy to move. I think the lease would still be legal even if executed after the fact, the attorney can confirm.
Second, if your property is large enough or if there is an available and appropriate property nearby then plan on moving the granny pod off your property or to one side of your property (where you can cut a lot off with the least damage to your house) at some future date. Make a deed to the property and the granny pod in your mother's name. Even site built homes can be moved, distance largely depends on the size of the home. Steel I beams are placed under the structural beams of the house and used to lift the home off the foundation. The width of the roads and distance between existing structures then becomes the big problem. RVs are restricted to 8' so they can travel on any road. Traditional mobile and sectional homes are restricted to no more than 16' in any one section and can only travel on certain roads. If there are bridges around, the underpass height may become a limitation or the carrying capacity of the bridge.
Other option is to hope she doesn't need Medicaid for at least 5 years and/or you and your siblings can fund her care through the penalty period. Unfortunately with dementia patients there seems to be a period where our seniors start making bad decisions but are still legally competent, leaving us just watching the train wreck approach and it seems like your mother is in "the zone" now.
"mom sold her home, took equity and funds from an IRA to build a 'granny flat' for herself on our land in exchange for us caregiving. legal?"
How would you interpret "on our land"? Improvements? "Legal"? I interpret that "legal?" to be an inquiry as to whether or not construction of the granny flat is legal.
If consent is inferred, why would the OP ask if Mom's action is legal?
OP writes:
" Her name is not on our property, we did not sell her the land she is on. "
How would you interpret that? The mother is obviously not a feeholder, so she's either adding to the house or building on the land. I saw no inference of consent to build, or to add any improvements to a house, which would require a building permit issued to the fee holders.
I'm not following your rationale at all. Could you elaborate?
i don’t think she’s asking about the legalities in the way you are thinking she is. I think Medicaid may be a piece of the puzzle that she failed to mention.
If I saw bulldozers on my property, I'd raise hell and have the police on site to stop the action immediately.
I can't understand how this could happen; the city/township at a minimum would issue building permits, and more than likely would require proof of ownership or right to build.
Is the flat insured? An agent would require similar information on ownership.
Am I missing something?
Could you subdivide sell the property with the flat to get mom's investment back?
Your profile says your mom has dementia, about you says you are caring for healthy mom? I am confused.