Can I charge rent and/or caregiving fees for my mother and nephew who live with me?

Follow
Share

I have been made my mother's legal guardian by the courts after she was removed from my brother's care by adult protective services. She has her own estate which I am conservator of. I will submit a financial statement annually for the approval of the courts and my siblings. I am also guardian of my nephew, the above mentioned brother's son. He has his own social security income. I spend most of my time lately caring for them both, running them to doctors and schools. I have had to take an unpaid leave from work for several months to deal with all of this. My question is, is it legal and proper to charge rent and/or caregiving to their estates? I don't want to take advantage of course, but they are living with me and it is a full time job taking care of them! Thanks for your help.

This question has been closed for answers. Ask a New Question.
Find Care & Housing
8

Answers

Show:
Ah1956, find another attorney and get some better advice. From what I've read on this site there is a way for you to get paid for all you do... I hope someone else jumps in with more advice...no, you're right, that damn sure doesn't sound right to me...at all...especially if you're dishing out money out of your own pocket, and missing work, to do for them... I smell a rat somewhere...
Helpful Answer (0)
Report

I spoke to my attorney and the state. Yes, Debralee, you are correct that I need the courts permission to charge anything to my mother's estate. I have been told that while I can pay an eldercare giver to come into our home and watch Mom while I am at work (20 an hour!) I can not pay myself anything for performing the same tasks. I can not charge my mother for rent or use of my house. I can not get paid anything at all for cleaning, cooking, doing my mother and my nephew's laundry... As per my attorney ... I find this so hard to believe. I haven't been able to go back to work and my savings are dwindling rapidly. Next week, for instance, I have a meeting at the boy's school, two psychologist meetings. A doctors appointment for Mom. All during normal business hours.

This can't be right!
Helpful Answer (0)
Report

Since you are a court appointed guardian to both your mother and nephew, I believe you may need the courts permission to utilize their assets for rent and caregiving expenses.
Helpful Answer (0)
Report

Who wrote the trust? You may need to read the trust documents to know what they say about care giving. If the trust says legal fees are covered, than they are covered. If they are not mentioned than get them added in. If the trust address's those issues in any way, you have to abide by the trust. So, who wrote the trust and who had input into it. A trust can be very specific or it can be fague just like any other document. Read it, this is the rules you have to live by so you should know it.
Helpful Answer (0)
Report

Her estate was liquidated just prior to the transfer of conservatorship to a trust account. I don't think she will need Medicare for quite some time, if ever. My nephew has an income until he turns 21. Most of the monthly payments are going into a savings account. I am invoicing for clothes, food, school supplies... but wondered about housing and care. What is strange is my attorney says I can't charge for anything including legal fees I incur or time lost from work. I thought that was odd and wonder if I should hire another attorney for the care question.
Helpful Answer (0)
Report

My concern was how long the estate has been established? Long enough for medicare look back? Believe me I'm all for getting paid, I just don't want you to have to pay it back!
Helpful Answer (1)
Report

Why would it be illegal? They live in your house. I'd charge them in a skinny NY minute. Sounds to me like you just lost money because of caring for them. Do YOU live for free? No? Why should they? Because they share your DNA? Pffft.
Helpful Answer (1)
Report

I would suggest asking the Attorney who drew it up.
Helpful Answer (1)
Report

This question has been closed for answers. Ask a New Question.
Related
Questions