I have been the primary care giver for my mother in my home since mid June. Prior to that I have been her health advocate for the last 6-7 years. I'm an RN, can I be paid for her care if I'm POA?
Thank you all for your help in this matter!!!! I will reach out to an attorney in PA that does elder law. I know each state and county has their own rules etc.
Worth a consult with elder attorney in your state to get the details. You would probably need to do a 1099 for yourself at the end of the year to properly report the income so it won't appear as gifting her money to you.
Taarna and Evander09 nailed it. Use an elder attorney to be sure you comply with the laws of your state. My father and I have both a lease and a service agreement. He compensates me and we are legally spending down his money. I put the amount he pays me into an account in my name only but is designated for his care should the day come that I need more in-home assistance. I hope and pray he never has to be placed.
Have a lawyer draw up a contract for you that specifies your duties and compensation. You might want to look at what is usual for home health RN or home health aide duties for ideas about what is comparable.
Of course you can also deduct her and her care off your Income tax.
Insurance Companies don't pay individuals.
I have to pay for my Dad's 24 7 Care in his home as that's where he wants to be, in his own home tho if his Recliner was moved elsewhere, I don't think he would know that he wasn't still in his own home.
But I promised him that he could stay in his own home and would never be put in a home. Of course his Insurance doesn't pay anything unless he's in a senior home so after we use up his money. Then it'll be me paying out of my pocket which I'll be looking for a Live In instead of using several Caregivers because it will be about 1/3 of the cost of 24 7 Care.
Too many people want their so called inheritance so instead of spending their parents money to hire help and let their parents live in their own home where they are their happiest and safest. The grown children put them in a home. Where the Insurance pays and they don't have the out of pocket expensive or the problems watching over things, ordering groceries. Meeting and talking with Nurses and Dr's. Making medical decisions, ect.
My mom lives with me too. She has Alzheimers. I am in SC. I consulted an elder attorney.. He said I could either have a caregivers agreement or a rent agreement. A rent agreement is easier. I had her sign a rental agreement after I had a realtor come in and assess the space that she uses. He gave me a letter stating the fair market value fof her space was $875 a month. I had a separate account set up just in my name and I set up a transfer from her checking account to that rental account that transfers that money from her ccount to my account. I do report that amount on my taxes. This was all done in the event she has to go on Medicaid for nursing home, it will be exempted from Medicaid in the 5 year look back period. My mom will be placed at an assisted living facility November 2nd at which time the rent will stop. I hope this helps,
Here are some websites about Family Caregiver or Personal Caregiver. Copy and paste to your web bowser. There are many, many more websites that have examples of family caregiver information and contracts.
Some states will not allow the POA or Guardian to be a Family Caregiver, so you need to talk to an Elder Care Attorney to make sure that you are following your state's regulations. Have the Elder Care Attorney write the Family Caregiver Contract between your Mom and yourself to make sure that it is legal and that it meets the tax laws and laws governing the care of the elderly.
Payment addressed in a POA is for doing POA responsibilities and not for caregiving. No matter what type of POA you have, hands on caregiving is NOT part of POA responsibilities. So that payment doesn't apply.
Does mom have dementia? Contracts are negotiated and likely unable to be a party to a contract. Talk to an elder law attorney. Most likely there would be an assessment done by an impartial, unbiased elder care professional to determine what level of care is needed.
Of course you can also deduct her and her care off your Income tax.
Insurance Companies don't pay individuals.
I have to pay for my Dad's 24 7 Care in his home as that's where he wants to be, in his own home tho if his Recliner was moved elsewhere, I don't think he would know that he wasn't still in his own home.
But I promised him that he could stay in his own home and would never be put in a home. Of course his Insurance doesn't pay anything unless he's in a senior home so after we use up his money. Then it'll be me paying out of my pocket which I'll be looking for a Live In instead of using several Caregivers because it will be about 1/3 of the cost of 24 7 Care.
Too many people want their so called inheritance so instead of spending their parents money to hire help and let their parents live in their own home where they are their happiest and safest. The grown children put them in a home. Where the Insurance pays and they don't have the out of pocket expensive or the problems watching over things, ordering groceries. Meeting and talking with Nurses and Dr's. Making medical decisions, ect.
My mom will be placed at an assisted living facility November 2nd at which time the rent will stop. I hope this helps,
https://www.aarp.org/caregiving/financial-legal/info-2019/personal-care-agreement.html
https://www.aarp.org/caregiving/financial-legal/info-2017/you-can-get-paid-as-a-family-caregiver.html
https://www.agingcare.com/articles/personal-care-agreements-compensate-family-caregivers-181562.htm
https://www.agingcare.com/articles/personal-care-agreements-compensate-family-caregivers-181562.htm
https://www.caregiver.org/personal-care-agreements
https://www.payingforseniorcare.com/paid-caregiver/elderly-parents
Some states will not allow the POA or Guardian to be a Family Caregiver, so you need to talk to an Elder Care Attorney to make sure that you are following your state's regulations. Have the Elder Care Attorney write the Family Caregiver Contract between your Mom and yourself to make sure that it is legal and that it meets the tax laws and laws governing the care of the elderly.