s3 Asked September 2010

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

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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

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EXPERT Carol Bradley Bursack Sep 2010
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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EXPERT Ralph Robbins Sep 2010
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 Jan 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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klerini12 Sep 2012
What are my legals rights to my mothers bank accounts, which my name are on the accounts. I do have two brothers whos names are not on the accounts. I am the daughter who does care for her alone.
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