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She is allowed $60. a month for personal needs, Can I receive any money leftover after her needs are met? I am the main caregiver and she is completely blind. We cannot get an answer from our elder care attorney, we live in Texas. The nursing home said "spend it", but was unclear if I can keep money that is not spent after the 60. Thank you

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The nursing home is your aunts "main caregiver". If she were to buy a couple of toiletries and snacks, the $60 would easily be spent. A new nightgown or blouse the next month, gone in a flash. Everyone has personal needs, even blind elders, and $60 a month computes to $2 per day! How much should be left over from such a pittance?

I would just encourage auntie to spend the $60 per month on treats as POAs are entitled to no funds from the person they're POA for. The nursing home should know that as well as the atty!!
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The money is for her needs. $60/month doesn't buy much in my part of the world: a couple of haircuts, a manicure or foot care, needed new clothes or shoes, beneficial devices like a pressure relieving chair cushion, a warm sweater or blanket, drug store things that aren't provided like body lotions, special eye drops or supplements, an occasional special food treat. The only thing I can see you getting reimbursed for might be an occasional tank of gas to cover any running around you might be doing to get any of those things.
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Of course you can't take money for yourself as her POA unless it is through the document as written (often they have a clause saying how much the POA can be paid for his or her services).
You don't seem to understand that the POA cannot enrich himself/herself, and you don't seem to have a clear understanding of the "job". But what concerns me more is that you have consulted an attorney who knows, apparently, very little on this subject. That's one scary nursing home, as well.
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patsydiane76: No, you cannot spend money allocated for your aunt on yourself.
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Your aunt's nursing home is her "main caregiver." Not you. As others have stated, that $2 per day $60/mo paltry personal allowance is for toiletries, haircare, clothing, footwear, etc. She may need a new mattress or wheelchair cushion or some such. I am astonished you'd even consider dipping into this miniscule bit of finances she has left for herself.
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If you have control over the $60, you may have to prove where it was spent. And it must be on ur Aunt. Its money they allow from her SS. You should have it in acct with her name on the acct. The same acct that her allowed assets are in. You should have receipts for everything you use it for. Medicaid/Social Services oversees personal accts. You may need to provide them yearly with a statement showing where her money is going, Probably at the time you do her renewal for the year. You need to show where her money has gone.

I chose to allow the NH to become Moms payee for her SS and Pension. They set up Moms Personal Needs Acct and I received a statement from them showing the moneys that were in the acct. When Mom passed, as Executor I received a short certificate. I gave a copy of that and Moms death certificate to tge financial office and received what was left in the acct as part of her estate.
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