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RITAMOM Asked April 2013

I took time off work to take care of mom's affairs, selling property and home in another state, can I be compensated for this time?

My mother had to go into a nursing home due to a stroke, my sister lives out of state and my mom lived in another state, so i was in between jobs and offered to be the one to go back and forth to close out the sell on these properties. The time is getting near i hope that i can go back to work, due to our funds are really tight without my income. I was wondering if i can be compensated from my mothers funds legally for the time off?

igloo572 Apr 2013
Without a personal services contract done in advance and in effect at the time, then what you did is viewed as done for free out of love and familial devotion.

If you do something now and mom is on Medicaid for her NH stay or is doing spend-down phase in the NH and then will apply for Medicaid in the future, the payments done with out a valid personal serivices contract will be a problem with a transfer penalty inquiry by Medicaid.

terrim Apr 2013
Generally not. You did not have a job at the time and even if you did, other than having an employer who offers family leave, it would be presumed that this is something you do for family and not a job to be paid for. It would also be presumed that you could have sold the properties without going there by choosing a realtor, giving them power of attorney to sign documents, or else having documents faxed to you at a UPS store , signing them. and faxing them back. I would presume that all I do for my family is done free as a family member.

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purplesushi Apr 2013
Can you communicate your need to your Mom, or is she unable to speak? It's not unreasonable to want to be reimbursed for your expenses (travel, hotel, etc.), but since you were between jobs I woudln't expect to be reimbursed for lost pay. Does your Mom have a designated POA that you could ask?

ferris1 Apr 2013
Not unless you have a POA. Families have to assume they will not get paid for helping their parents. Call it payback for all those years they raised you.

Caregivercenter Apr 2013
I am not a lawyer and you should seek legal advice. I will say that there are several states that provide compensation for primary caregivers. If you have a "power of attorney" in place and it is stipulated that you are reimbursed for your expenses, then maybe. What you are asking for is to be compensated when she is now in a nursing home and being taken care of by you any longer. I don't believe it is possible, but seek legal advice from an Elderlaw Attorney specifically in the state your mom is in.

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