Can I charge rent and sitter services by family if pt has dementia and unable to sign family care giver agreement
Asked on May 26th, 2019 on Elder Law - North Carolina
More details to this question:
I am financial POA for mother. Mother has lived with me for 3 years. I assisted mother with sale of home to cover health care expenses and pay bills. Also assist with health care services, ie take her to MD APPT, obtain hearing aides through insurance. Financially manage investments, gather information for taxes
Because signing as your mother's agent to pay you personally would be a conflict of interest and self-dealing, the family caregiver agreement should be signed by the alternate or substitute agent. Keep a detailed log and receipts. Arrange for payroll withholding. Make sure all your siblings are on board and that no one is likely to accuse you of exploitation now or when they receive less than anticipated under the Will. Consult an elder law attorney to make sure that all of this is done in a way which prevents North Carolina Medicaid from treating the payments as "gifts" which would disqualify your mother for Medicaid. You can use the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.
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