Is it legal for POA to be "gifted" by the person they are POA for? -

Is it legal for POA to be "gifted" by the person they are POA for?


My aunt keeps wanting to pay me for all the work I've been doing for her for the past few years. I have only reimubursed myself for gas. I am her Financial POA - not her caregiver. Her attorney told me she could do so if she wrote a check to me entirely in her own handwriting. I can't find any information about this online? We're in the state of California, as I know laws vary by state.



POA4Auntie, it would be better of your Aunt made this part of an employment contract and not as a "gift". Later down the road, if your Aunt needs to apply for Medicaid [which is different than Medicare] and if Medicaid sees that your Aunt had "gifted" you monies, the amount of said "gifts" can be deducted from her care should she go into a nursing home.

Now, is your Aunt's Attorney an "Elder Law Attorney"? If not, I would check with an Elder Law Attorney as they specialize in everything regarding elder finances, Wills, Trust, Medicaid, etc.
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Reply to freqflyer

I have to think that if you got this information from her attorney, he/she should know the laws of the state, no? Attorneys don’t become successful by passing out bad advice. Is there a reason you might not trust this attorney? You might want to ask the attorney if there is a limit on how much you can get and how regularly. It’s my understanding that, in most states, finding recompense for caregiving is darned near impossible. The money needs to come directly from the person being cared for.
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Reply to Ahmijoy