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This varies by state. I was able to get a free legal consultation through the local senior center. The attorney drew up a PCA agreement that would allow me and 2 other family members to be paid out of my mother’s money. (There was a legal fee for the notarized agreement).

If mom had paid me without the legal agreement it could have been considered gifted money if she later applied for Medicaid. This meant I would have had to pay for her care until the amount “gifted” was met.

If she were to have run out of money, I was told that Medicaid in my state only covers up to 12 hours a day of in home care. This would not have worked as mom needed 24 hour care.

Hopefully you can get a free legal consultation in your area, or an elder care attorney can see you for an initial consultation. Good luck ❤️
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97yroldmom Aug 14, 2025
Good to see you Lily,
This is good info about how you used a personal care agreement for your mom to pay you. We often tell people they should have one but this is a good practical application of how it can help and why it’s important.

Most of us learn “on the job” and don’t know if we have made mistakes until after the fact.
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If Mom can't afford to pay you try Medicaid for in home care. Mom will need to fit the criteria. Make an appt at your Social Service Dept to talk to a Medicaid caseworker.
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