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I need advice on a caregiver agreement. I've been taking care of my sister since February 2016 with no written agreement. Didn't know they existed, actually, until I found this website! I'm the only caregiver there is, and she's in hospice care. We live together, so I just sort of became the caregiver for want of any alternative. I have the POA. She is paying me $2,500 a month for my duties, for which I write myself a check from her account. (She put me on the accounts in February. She's unable to handle any finances.) No other family members are involved; there's one other sibling who is unwilling to help with her care. My sister has no children.

Is it too late for me to draw up a caregiver agreement? She cannot leave the house, so we'd both sign it and I could get my signature notarized, and/or we could get two adults (the long-term housekeepers) to witness both signatures. She has some savings, but I'd hate to pay an attorney when it seems like I could draw up a simple form. No other assets to worry about, just her savings. I would put in the agreement that this has been the procedure since March 2016, although it wouldn't be signed and notarized until October 2016.

I know her savings will eventually need to be used for a board and care home, as I won't be able to handle this alone much longer. I worry about the California Medi-Cal look-back, once her savings run out. I would hope she'd qualify for Medi-Cal to pay for future care, if needed.

I'd appreciate any advice. Thank you.

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A caregiver agreement is a good idea, but it will only (possibly) shield the transfers to you from your mother from being Medicaid gifts to you from the date the agreement is signed. You should try to find out the exact requirements of a caregiver agreement in your state, by inquiring at the state Medicaid department. Most states require that it be in writing, not exceed the normal cost for such care in your locality, specify your obligations, etc.
You also run into a problem of authorizing the agreement as agent under the POA, since you are hiring yourself, a clear conflict of interest.
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Ferris1: What are you talking about---too much? If you divide $2500 by 31 days, you get $80.65, and then by the normal 8 hour work day, you get a little over $10.00 an hour but we all know caregiving is not 8 hours if you live with the person. As far as I'm concerned as one who has worked for hospice the sister is getting off cheap. Caregiving while living with someone can really be 24/7 so divide 2500 by 744 hours and you get $3.36 an hour. Who are you going to get to work for 3.36 an hour? You are pushing it for $10.00 an hour.

Next time you want to judge, and condemn someone and imply she doesn't love her sister, please do the math first!!!
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Mary, I agree that you need to discuss this with an attorney, but I wonder if at least part of the money your sister is paying could be re-characterized so that it is not viewed as either income or a gift to you. Do you own the house you are living in? Maybe part of the money could be considered rent. Also, utilities, groceries, services such as lawn care and other expenses could be paid with your sister's funds.
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Mary, Im sorry some people on here are so rude. What you do is your business. If you think she is going to need medicaid than you should consult an attorney. You could draw up an agreement now however the back payments may cause her some issues when she applies so you need legal advice to structure things properly. Also you need to be claiming this money as income or you and her will face problems down the road. I am sorry for your sisters situation and hope the best for both of you.
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Although the vast majority of people who post here try to be helpful, kind and compassionate, along comes someone like "ferris1" who announces that I should be a caregiver with no compensation, knowing absolutely nothing about the situation. She also announces that my sister could hire someone for much less than $2500 a month. In the state where I live, competent caregivers who come into one's home and must be trusted and bonded, charge a minimum of $20 an hour and up. Multiplying this figure by 24 hours in a day and 30 days in a month comes up as over $14,000. Since "ferris1" would like the job for $2500 a month, which requires 24/7 care and chores, she has no idea what she's talking about. Of course, with her nasty attitude and ability to criticize, I wouldn't want her anywhere near my sister or me. Thanks to the rest of you who have replied in very helpful and considerate ways.
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Thank you for posting your question. You expressed it well and the answers will also provide some answers for me.
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This really highlights the fact that carers save the government
billions of dollars with unpaid slave labour conditions.
They are put into an intolerable position.
Politicians however can afford to pay round the clock nurses
to take the care of their elderly relatives.
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Massage wrote: ""I did more for her than my own mother." Why? I frankly find it difficult to be sympathetic if you cared more for a friend than your own mother.

If you feel that this handyman is a scam artist, gather your evidence and go to the police with a complaint of elder abuse.
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I came across this article here on Aging Care that I hope will answer some of your questions.

https://www.agingcare.com/articles/personal-care-agreements-compensate-family-caregivers-181562.htm

Note, you will see advertisements at the end of a paragraph... keep on scrolling down to read the rest of the article... same when you come across another advertisement.
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Heck, for $2500 I'll take care of your sister. If you live together why do you need a "caregiver agreement"? Aren't family members supposed to take care of each other in times of need? It sounds as though you are taking advantage of your sister's savings to line your own pockets. If she is competent to sign said agreement, then she can hire someone else to take care of her a lot cheaper. Good grief woman, where is your love for your sister?
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