Pansy1 Asked May 2012

I am taking care of my Aunt full time. If she goes to visit a family member, should they get paid?


I have quit my job to take care of my Aunt full time. I am her POA & Trustee for their trust. Before I quit I cut my hours back to take care of my Aunt & Uncles affairs. I have given up a lot of time to do these things. Any monies I pay out or take in are being recorded & I will be paying taxes on money I receive. My sister & her family think that when my aunt goes to visit them they should get paid, too but she technically does nothing for her other than visiting. But she is not going to report any money she receives. Are there any legal forms out there or a lawyer could set up to establish my full responsibility of my Aunt?

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Must a personal care contract be drawn up by an attorney? I used to work for an elder law attorney and know what must be in a contract. Can I draw one up?
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igloo572 May 2012
Jeanne got it spot-on.

Tell them that if they are going to be paid more than $ 600 a yr, then they are going to get a 1099. IRS rules, not yours
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jeannegibbs May 2012
See an elder law attorney and have a personal care contract drawn up, spelling out clearly what your responsibilities are and how you are being compensated. The upfront cost to do this will be very worth it if there are other family members in the picture who may later question your activities.

As to whether your sister should get paid, if Aunt can afford it and it provides good respite for you, perhaps that is not unreasonable. Are we talking a weekend now and then or two weeks while you go on vacation? Ask the lawyer about how such payment (if any) should work -- do you provide her with a 1099 form? A lawyer can guide you.
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