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She wakes sometimes 3x a night. I take m,w,f to go workout and am paying someone to help, I am basically with her all the time except for 8.5 hrs when I work out and occasionally 5-6 hrs once a week if that.

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I'd suggest that the DPOA and the lady should make an appt with an elder law attorney to draw up a legal for your state personal services contract between you and the lady to cover rent and caregiving provided by you. they can also update her legal and perhaps make you MPOA if you are the one taking her to MD and other health related appointments. She has some sort of income…..like SS and who know what other assets as well. She spends her income and assets to pay you and the amount will be based on whatever FMV is for your city or region for care and for rent. A good elder law atty. will know this info and standards. In-home health from an agency runs maybe $ 17 - 22 hr and CA in-home health supportive services (where family takes care of elder in their home) pays slightly above minimum wage for a limited # of hours a week (under 32/35 hr). Payment really needs to be all above board too with FICA etc taken out and filings submitted to IRS. If this not done this way, if later on she needs a higher level of care in a skilled nursing facility like a NH and she has spent her $ and now needs to apply for Medicaid, all that $ she paid you will look like gifting and will be a transfer penalty issue for the DPOA and you later on. If she has other family and they have issues with $$ going to you rather than to a professionally run facility, they could make the DPOA's life difficult.

You need to look into how caregiving in your home for non-relative will affect your homeowners insurance policy too. You will need some sort of rider placed otherwise there could be huge liability if something goes wrong. The DPOA may not seek damages, but if there are any other family or heirs, they can. Also if there are neighbors who have issues with you basically running a care home…well think about if that could be an issue.

So is this correct….. right now you are taking care of an elderly person with dementia that you are not related to and not getting paid; yet you are paying for someone to be there with her when you go to the gym? If this is true & not trolling, why would you do this?
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No she lives in my home, yes there is a dpoa and I am friends with her dpoa. How does your ? Answer my ?
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If you don't mind me asking, if she is not a relative, just how did you two find each other? Is there a DPOA? Does she have family? You live with her at her home?
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