I'd ask an attorney about this, in your state. You can pay for your dad's expenses, of course, and if you're NOT working to care for your dad, then why shouldn't you be compensated? I wouldn't refer to this as a gift, though. The only exception would be the gift of a homestead owned by the parent if the child is living their to care for the parent and lives there for two years. Again, check with an attorney because there are a few exceptions to the five year rule when it comes to Medicaid and NHs, but very few.
You need for whatever is done to be within legal for your state as a " personal needs caregiving" contact. IF you have another job or do other volunteer work, I'd suggest you better carefully evaluate the time on those as there isnt much time above a 48 hr week with dad. An experienced atty can let you know if it's even feasible to do after evaluating dads competency & cognitive ability.
You as DPOA paying yourself without a contract will likely be a breach of your fiduciary duty. If something would happen to dad that causes any concern by police, neighbors, etc so that APS is asked to do an inquiry, if APS finds out that you are taking $ from dad, you could find yourself being investigated.
Also If later on, dads needs change and he needs a higher level of care in a NH and needs to apply for to pay for the NH, those $ he "paid" you will be considered gifting and will make him ineligible for Medicaid unless there is a legal for your state caregiver contract in place.
You know dad could go along another 7 years, you pay yourself all that time and dad dies in his sleep. So no issues ever. But stuff happens -like dad falls & breaks a hip and everything changes in an instant - and you don't want problems later on that you can avoid now by getting a contract done & clearly speaking with legal.
5 Answers
Helpful Newest
First Oldest
First
ADVERTISEMENT
You as DPOA paying yourself without a contract will likely be a breach of your fiduciary duty. If something would happen to dad that causes any concern by police, neighbors, etc so that APS is asked to do an inquiry, if APS finds out that you are taking $ from dad, you could find yourself being investigated.
Also If later on, dads needs change and he needs a higher level of care in a NH and needs to apply for to pay for the NH, those $ he "paid" you will be considered gifting and will make him ineligible for Medicaid unless there is a legal for your state caregiver contract in place.
You know dad could go along another 7 years, you pay yourself all that time and dad dies in his sleep. So no issues ever. But stuff happens -like dad falls & breaks a hip and everything changes in an instant - and you don't want problems later on that you can avoid now by getting a contract done & clearly speaking with legal.
Do you have any siblings to bounce this off of? An aunt or uncle?