My mother's live-in partner and POA is paying himself for providing her in-home care. Is this legit?

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It seems to me that he is using his position as her POA for his own profit. Any feedback you can provide would be appreciated.

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I provide 24/7 care no outside caregivers family can come when ever I DO NOT GET PAID but we all live together in GMA in-laws home. It sucks I'm stressed and just sent my youngest to kindergarten. I want a break more than a paycheck honestly. THERE isn't an amount of money I could put on my sanity.
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If she is diagnosed cognitively impaired she (as far as I know) can not make a legally binding agreement period just like a minor
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Have you spoken with the attorney who drafted the POA? How was s/he convinced to reassign POA following her loss of capacity? I also don't understand your statement that he will continue to live in the house following her death when you will be the titled owner. Please explain.
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Your elder care lawyer surely should be able to give you some solid answers, I would think. I had a very simple caregiver contract with mom's lawyer (that he charged me $1000 to draw up) for 2 years of the 3 years that I cared for mom in my home. As I've said elsewhere, I'd been let go from my employment at the age of 60 and got an STNA, though that was not necessary. At the lawyer's suggestion, I was paid $12 per hour, 8 hours per day, 7 days per week. The second year, I took a cut and just did the $12 per hour, 8 hours per day, 5 days per week. My tax lady said I did not need to pay taxes for those 2 years; we put it down I was retired, period. Not a fortune, but I truly had no problems financially in those two years. When I lost my job, I immediately got out from under a mortgage, took that cash and bought another house in a rougher neighborhood. No regrets. Having no debt is wonderful, and it can be done. I have money saved and do get a pension with my social security since I officially retired in January of this year at 62. I dissolved the caregiver contract after putting mom in a nursing home. (She'd been sicker than a dog, hospitalized with pneumonia after Christmas, was falling constantly, and I'd frankly had enough since she was at best uncooperative anyway). Anyway, all turned out pretty well. Mom's doing fine in the nursing home, and I have dinner with her nightly since the NH is only blocks away from me.
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Sounds like this is not a live-in partner, but a paid POA. Your mother should start charging rent.
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I am with Katie, I cared for mom for four years. Twisted sisters were concerned about their inheritance and thought room and board was enough. That four years cost me nearly 500k probably more. Offer to help that partner and find out first hand how difficult the work is.
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When I think back to the time I was the caregiver for my parents. I had "free" room and board. There were also 2 in-home caregivers that did about 10 hours a day between them.

I wasn't paid...but..$25,000 a year is laughable for pay to do that job! Yeah..even twice that would not be enough.

But, I remember my brother constantly trying to get his nose in. I believe he only wanted money. Only wanted to figure out if I was "wasting" their money on their care. He wanted to do whatever he could to ensure his inheritance. Well phooey on that!

I did not provide any documentation to him...I was not required to...plus their financial information was none of his business.

You took this to APS. I assure you they investigated.

I think you are like my brother...trying to get into the middle where you do not belong.

If you feel you have a case...go to court and get guardianship,if you can. Otherwise...do what you can to mend the relationship with the man who is caring hands-on for your mother.
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He does seem to be in position to exploit your mother. How long have they known each other? How old is he? Try substituting "my father" for "live-in partner." Would the situation take on a different nuance? What if they married instead of deciding just to live together? How would that change your view, if at all?

Does her partner hold a job? Or does he stay home all day so that Mother can have a two-person lift at all times? If it really takes two people to care for Mother, then the "professional" (means they took an 8-hour class and are being paid) caregivers can't really do it alone, can they?

If they've had a long-term, loving relationship, and APS and a lawyer can't tell you what actions to take, maybe you should just butt out.

If the relationship has been abusive or exploitative from the beginning, that is a different matter, but then a lawyer should be able to help you.

People who live together can decide on splitting the costs in any way they wish. One works and the other maintains the home and does charitable work they both believe in. Both work and one supports them both while the other supports a disabled child from a previous relationship, in a faciltiy. They share expenses and household chores equally. As live-in partners they can arrange their finances as they see fit. I imagine that is something APS and lawyers have to consider.

So your mother, apparently, is supporting her partner. This is only bad if he tricked her into it or is blackmailing her, etc. If she is willing, it is OK.

But she is cognitively impaired. Can she really make such decisions? It is probably legal for her to do so. "Impaired" is definitely not the same as "incompetent." Even dementia does not automatically make one incompetent in the eyes of the law. Severely cognitively impaired? That might translate into incompetent. Has more than one doctor expressed the opinion that she is incompetent to make her own decisions? Would a court appointed investigator find that she is incompetent?

The thing that really bothers me is "he is isolating her from me." Is he doing this on this own, or does he have some kind of legal authorization to do this? POA is not sufficient to do this, but healthcare proxy would be, if he claims your visits are bad for her mental health. What were your visits like before he took over being her POA? Were you frequently talking against him then, trying to get her to kick him out, etc.? Did she become upset over your visits? This is the one issue I'd go back to APS and the lawyer about. How can you get more visiting time with your mother?

As for the amount of compensation -- would I provide care 365 nights a year, and assist with care 365 days a year for $25,000 a year plus room and board and all the bird seed I could want thrown in? OMG -- no, a thousand times no! Only love could induce me to do that. I cared for my demented husband 10 years. I helped care for my mother as she developed dementia. I know what the job is like. I would do it again for someone I loved very much. For $25,000/year plus room and board? Ain't no way that would go down!
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Perhaps you could clarify:

"in addition he had her sign her house over to him via a living trust," vs.
"when she dies he stays in the house (which will be owned by me) for the rest of his life".

If title to the house was transferred to a living trust and he's named as the one to inherit, then how is it that the you "own the house." Or are you saying that title was vested in your name, a trust and deed were executed, deed was recorded, and he'll inherit the house.

I'm confused by this aspect.

How old has he been caring for her? Were you providing care before he took over?
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The situation is concerning in the event she should need to apply for Medicaid in the future, which seems possible given her age and her degree of disability. Without a written caregiver agreement, his payments could be deemed to be gifts, plus the transfer of a life estate in the house could be deemed to be a gift, that could give rise to a penalty under Medicaid if she should need Medicaid within 5 years. I hope he does have a care plan in place for when and if she runs out of money.
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