Follow
Share

I have been the primary care giver for my mother in my home since mid June. Prior to that I have been her health advocate for the last 6-7 years. I'm an RN, can I be paid for her care if I'm POA?

This question has been closed for answers. Ask a New Question.
Find Care & Housing
My mom lives with me too. She has Alzheimers. I am in SC. I consulted an elder attorney.. He said I could either have a caregivers agreement or a rent agreement. A rent agreement is easier. I had her sign a rental agreement after I had a realtor come in and assess the space that she uses. He gave me a letter stating the fair market value fof her space was $875 a month. I had a separate account set up just in my name and I set up a transfer from her checking account to that rental account that transfers that money from her ccount to my account. I do report that amount on my taxes. This was all done in the event she has to go on Medicaid for nursing home, it will be exempted from Medicaid in the 5 year look back period.
My mom will be placed at an assisted living facility November 2nd at which time the rent will stop. I hope this helps,
Helpful Answer (6)
Report

Does mom have dementia? Contracts are negotiated and likely unable to be a party to a contract. Talk to an elder law attorney. Most likely there would be an assessment done by an impartial, unbiased elder care professional to determine what level of care is needed.
Helpful Answer (3)
Report

Have a lawyer draw up a contract for you that specifies your duties and compensation. You might want to look at what is usual for home health RN or home health aide duties for ideas about what is comparable.
Helpful Answer (1)
Report

If the POA is for financial as well as health care, you may be able to charge for time spent providing assistance. Depends on the wording of the POA.
Helpful Answer (0)
Report
Isthisrealyreal Sep 2020
Payment addressed in a POA is for doing POA responsibilities and not for caregiving. No matter what type of POA you have, hands on caregiving is NOT part of POA responsibilities. So that payment doesn't apply.
(1)
Report
Here are some websites about Family Caregiver or Personal Caregiver. Copy and paste to your web bowser. There are many, many more websites that have examples of family caregiver information and contracts. 

https://www.aarp.org/caregiving/financial-legal/info-2019/personal-care-agreement.html

https://www.aarp.org/caregiving/financial-legal/info-2017/you-can-get-paid-as-a-family-caregiver.html

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

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

https://www.caregiver.org/personal-care-agreements

https://www.payingforseniorcare.com/paid-caregiver/elderly-parents

Some states will not allow the POA or Guardian to be a Family Caregiver, so you need to talk to an Elder Care Attorney to make sure that you are following your state's regulations. Have the Elder Care Attorney write the Family Caregiver Contract between your Mom and yourself to make sure that it is legal and that it meets the tax laws and laws governing the care of the elderly.
Helpful Answer (0)
Report

Taarna and Evander09 nailed it. Use an elder attorney to be sure you comply with the laws of your state. My father and I have both a lease and a service agreement. He compensates me and we are legally spending down his money. I put the amount he pays me into an account in my name only but is designated for his care should the day come that I need more in-home assistance. I hope and pray he never has to be placed.
Helpful Answer (0)
Report

Worth a consult with elder attorney in your state to get the details. You would probably need to do a 1099 for yourself at the end of the year to properly report the income so it won't appear as gifting her money to you.
Helpful Answer (0)
Report

Imho, you should seek the advice of an elder law attorney.
Helpful Answer (0)
Report

Thank you all for your help in this matter!!!! I will reach out to an attorney in PA that does elder law. I know each state and county has their own rules etc.
Helpful Answer (0)
Report

You can get paid from your mother's income and assets to be her caregiver.
Helpful Answer (0)
Report

See All Answers
This question has been closed for answers. Ask a New Question.
Ask a Question
Subscribe to
Our Newsletter