Can one pay themselves for care of parent with dementia needing 24 hr care and would amount have to be set by courts? There are no guardianships or power of attorneys in place as of today.
Can one pay themselves for care of parent with dementia needing 24 hr care and would amount have to be set by courts? There are no guardianships or power of attorneys in place as of today.
You should have legal papers drawn up and get advice from an attorney who knows Medicaid laws. You could end up owing money for her care if this isn't done right. This is something people should be able to do, with care rates paid according to what is paid in the community. But the system doesn't always recognize this need (yet). Please do it legally, and get a Power Of Attorney for finances and one for health care drawn up. Also, get the HIPAA language current, so you can take care of her health needs. You need to protect yourself.
Carol
Hi Miss Jane,
I think you need to get POA or Trustee ASAP. If you don't have the POA, then you would need to ask the parent for permission to use the money. It is up to you and your parent about getting paid for caring for the parent. If the person is incompetent, it could be up to the family to decide what is needed. If you need the money to care for the parent, then it can be used. This is totally a family affair and you don't need to go to the court unless you are a guardian. As a guardian, one may even post a bond to make sure the person keeps the parent's money properly.
Usually the money can be used to pay for professional caregivers as well, so I think it is ok if the family needs to get paid to survive. Sometimes if the money is enough, the children leave it alone until the death when the inheritance will be distributed.
We are taking care of my father-in-law without being paid. We do all his finances but got no money. His money is used to cover his house's expenses and his caregivers.
Take care,
Nina
The reason I ask is because medicaid won't kick in until three years after she has sold her house and all proceeds have been exhausted. If we can keep her with us for at least this long or longer until we have no other choice than to put her in a nursing home then medicaid and medicare can kick in and pay for her care instead of her proceeds from her home, this way we can put some of this money aside for burial expenses when that day should arrive.
Regarding medicaid, it is another issue. Lots of families just put the name on the parent's money in order to help the parent to get medicaid and so forth.
I personally don't think you need to go to attorney unless you have other siblings to argue with. As long as you are doing this for the parent, it is not a problem in my mind. You can keep her money in your name using wages and etc.
Normally the caregiver's fee is $10- $20 per hour and so on.
On the other hand, if you know some attorney who knows the matter, it is helpful to ask for help.
Nina
Hi Miss Jane, To a limited extent, I'm sure that reimbursement for your gas, food, laundry and supplies would go unchallenged. Be sure to keep your receipts for everything and a ledger that explains each receipt.
When deciding about wages, how to determine a proper wage and the tax consequences of turning a parent into an employer, you would need to seek the advice of an attorney. An arbitrary wage rate and open access to the parent's funds could raise some serious legal challenges for you and your family at some future time.
To avoid sound legal advice in this instance could lead to a serious and much more expensive problem later on. It's better to see the attorney first, rather than last. I hope that this turns out well for your family. -- Joe --
Good advice, I will begin to save all receipts just in case I will need them. Right now the only thing we have her pay for is for dinner once a month when she receives her ss check. But right now I feel a need for a sitter when we have certain functions to attend and weekened relieve. Do you think it is fair that she pays for that out of her pocket or should we pay for it since we need the break.
It's really not a question of fairness, but rather if she is choosing to voluntarily pay for these things and is able to fully understand that she is. If she lacks this awareness, then a legal solution should be sought to protect her and you from any potential consequences. If your mother's income is very low, you may be able to find free or low cost legal assistance in your community. Contact your local senior services office for guidance. Best Wishes -- Joe --
Thanks for your response, I am realizing that POA & Guardianship is something we need to consider very soon. But let me ask you this, neither sibling has guardianship at this time and I guess it's about who cares enough about their own mother to watch over her, so who is responsible for her well being at this moment?
That's a good question because it has more than one answer. From a purely legal standpoint, the state you live in would assume responsibility for her if she was unable to care for herself and was determined to be a threat to herself or others. From a moral standpoint, you and your sibling would assume responsibility for her. Ideally, you would meet and develop a fair plan to do that. Under less than ideal circumstances, one of you would take charge and do your best to take care of her. That's a big job to take on alone. Because of the immense amount of effort required to do this, some time off is inevitable. That requires a willing sibling, a close family friend, or professional help. When you find yourself paying for that respite care, it can become expensive over a period of time. To use the funds of your mother to cover that, she must be able to sign the checks and pay the bills. You can help by filling out the check and having her sign it. By mailing it for her, you would ensure that the payment gets to the provider of the services. If your mother cannot understand the act of paying the bill or cannot sign the check, an attorney would need to assist you in developing a plan to meet her needs. I hope that this answers your questions! -- Joe --
Hi, Miss Jane,
I agree with everything that the previous respondents have said. I also would encourage you to keep keep any family members in the loop during these conversations about financial reimbursement. That way everything is above board and no one gets suspicious about what you're doing with your parent's resources.
Take care and keep us posted!
Dorian
If you paid yourself.. to be legal you would have to take out taxes and fica and all that stuff.
I think you need to get a doctor saying she needs care. If she obviously needs someone to be there...then that is a medical expense and the state can't come back and say they want that money back. Of course you should document everything you do..washing, bathing, cooking, laundry, cleaning, dressing, doc. appts...everything. You need to call and find out what the rules are in your state. I think in Mn..they used to go back 3 years but they might go back 5 years now.
Also, my mother ran out of money 10 years ago. I worked out of my home so everything was cool. But as i worked less and needed more money i placed by mother into a agency called alternative care run by the state..its not medical asst., and they pay me for 6 hours a day to take care of her(even though its 24/7). and they take 1/3 of her social security. Keeps her out of a nursing home.
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Thank you for that advice, this is probably the best thing for us since there is another sibling that could raise problems for us later. She began to come around for a while and then found it to her convenience to get mad at her mom so she wouldn't come around anymore. We desperately needed that help for a day or two and now I feel it necessary to pay for that help that will allow us to have a day or two to ourselves and for us to rest. She may come back later to challenge our decisions although we have been the ones watching over her for several years.