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What are my legal and financial rights as my mother's caregiver?

Asked by s3 | Sep 1, 2010

Legal and finances. And can we claim her as a depended on our taxes? We would be filing jointly. Mother thats care of her finances just fine. we do not for her to pay for any house hold exps. She pays for her Meds, and food for her cat. Anything you can help us with we want to know.

thank you God bless

kvs

Answers 1 to 3 of 3

Carol Bradley Bursack, Sep 5, 2010

Over the span of two decades author, columnist and speaker Carol Bradley Bursack cared for a neighbor and six elderly family members. Because of this experience, Bradley Bursack created a portable support group, the book “Minding Our Elders: Caregivers Share Their Personal Stories.” Her sites, www.mindingourelders.com and www.mindingoureldersblogs

You can take her off your taxes if you provide a specific amount of financial aid, which sounds unlikely in your case. However, you should check with a CPA and give him or her details. It’s possible you may get a break. Also, I’d see an elder law attorney or estate attorney, to spell out everything and make sure you are following rules in case she needs to go on Medicaid. It’s best to have it all legal to avoid any problems in the future.
You sound like wonderful people,
Take care, Carol

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Ralph Robbins, Sep 7, 2010

Ralph S. Robbins, CFP© is a fully licensed Certified Financial Planning Practitioner specializing in Eldercare Financial Planning. He works everyday helping families in crisis find creative ways to fund long-term care expenses and deal with family financial issues.

You may claim your mother as a dependent if you are responsible for more than 50% of her support. Carol has a great suggestion since you are looking into "legal and financial" and that is to make sure that at the very least you have a durable power of attorney and health care surrogate (medical power of attorney) drawn for your mom while she has her wits about her (an updated wil would be a good idea, too).

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Diana27

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Jan 7, 2012

I would consult with an Elder Attorney, its amazing what you learn. Just went through this myself and didn't sleep for nights. there is what is called a child exemption law this only applies if you have taken care of your parents, mom/dad for 2 years or more living in the same residence. I hope I helped you out somewhat. Good luck we all need it.

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