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From: 2172 Independent Elder Care Professionals

Eldercare Professionals Answer Compensation for Caregivers Questions

    I am inquiring on behalf of my 54 yr old nephew if he can receive some kind of compensation for caring for his 82 yr old mother who had a triple by-pass 6 yrs ago. He hasn't worked in 4 yrs. He can't hold a job because she constantly calls him with a problem and he has to come home. She does need help around the house, with grocery shopping, and she can't drive. Someone has to go with her to various doctors all the time because she doesn't understand what they are saying and she gets things wrong. He recently experienced a tia and is now on medication. He has no insurance and has no way of paying for it. The only income is her social security and whatever is left of a reverse mortgage she had 2 or 3 yrs ago He lives with his mother in Oklahoma city, and they don't have a computer. I would appreciate any and all information you can give me. Thank You
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    Donna J. , Elder Law Attorney answers:
    The mother and son could enter into a personal service agreement. Mom could pay Son an hourly rate for service he performs. I would recommend that he contact other companies in the area who provide services to determine a fair and reasonable hourly rate.

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    I provide 24 hr care for my disabled mother, I live in MI, i am also about to bring my uncle into my home to take care of him as well, what do i need to do to be compensated for the time i will be unable to have full or even part time employment, would i be able to receive some kind of compensation? Also my uncles illness is sudden and how do I obtain power of attorney to be able to take care of his obligations?
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    Steven M. , Elder Law Attorney answers:
    You are entitled to be compensated for your caretaking services. How this is contracted for depends on existing estate plan documents, family issues as well as the cognitive ability of the folks you are helping. You are welcome to call me for help.

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    MY MOM Is a stroke survivor, needs a high level of care, She lives with me. Can i get paid or some kick back for being my mothers private RN?
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    PAM P. , answers:
    yes
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    Larry B. , Elder Law Attorney answers:
    I hate to give you the typical lawyer's answer - "It depends." However, in this case, it really does depend a great deal on where the payments are coming from (long term care insurance, Veterans Administration, Medicaid, other), your mother's level of required care and your qualifications.

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    Three years ago my elderly neighbor was abandoned by her daughter. I began helping her and soon became her primary caregiver. She promised me she would leave me her house and some other items when she passed to compensate me for my help. We finally had an appointment to update these changes in her will but my neighbor became suddenly ill and passed away before it could be updated. Her daughter has now returned and has pretty much cut me out of any arrangements being made for my neighbor after her death. Is there any way I can be compensated in some way for all the time I spent being her caregiver?
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    Alan C. , answers:
    call my office to discuss your problem. Alan Cosner , Esq. 732-937-8000. alan@cosnerlaw.com
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    Linda E. , Elder Law Attorney answers:
    A person who is a creditor of an estate can file their claim with the executor and with the surrogate. If there is no written contract and no documentation to prove that there was an agreement as to the services to be provided and the wage to be paid, you have to try to prove that you actually have a valid claim, as there had to be two parties in agreement to establish the contract. This will probably require your lawyer to file suit against the estate.

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    My sister went to take care of our Mother. At that time, however, our mother was ambulatory, and took care of her own hygiene, dressed and fed herself. Our Mother could function and was alert. My sister cooked, cleaned, drove, did some of the errands alone or with our Mother. At the time she provided this care, my sister was losing her home and didn't have much money. She didn't work, but did a little bit of work every now and then, which means rarely. Our Mother passed away suddenly. And when my sister found out she was not in her trust, she wanted to be paid as a 'Caregiver'. She requested to be paid for all the time she lived there rent free with all expenses paid. She's demanding $250.00 a day including days she wasn't there and after Mother had passed away .... about 33 days. She even got a lawyer. She also claimed she stopped her business to take care of our Mother and has challenged the Trust. The trust attorney says she's entitled to compensation. There was no agreement between our mother and my sister. The arrangement was simply one of a daughter going to be with our Mother and our Mother helping out her daughter. What are the laws in California? Is she entitled and if so what is reasonable compensation. She claims she worked 24/7. I know she can't be paid for sleeping. Thank you.
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    Ruth P. , Elder Law Attorney answers:
    What would a caregiver have charged? Caregivers don't pay rent or for food - that is included in their wage, but a caregiver 24/7 is paid between $150 and $220 per 24 hour day, plus meals and a place to sleep. And if a caregiver doesn't get 5 uninterrupted hours of sleep a night, then you pay by the hour, which is $15 - $19 per hour. So you need to settle this with your sister. And were all her expenses paid? Did mom pay for her health insurance? Contribute to a retirement plan for her? Pay social security taxes? Your sister has a claim that must be resolved. Perhaps agree to pay her at the low end of the scale - $150 per day.

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    My mother is living in an assisted living home. Nevertheless, I do her bathing and all her laundry. Can I pay myself for the time and the cost that is takes to provide these services? (I can calculate the cost of these services based on what the home would charge me for them.) Moreover, as my mother's power of attorney, I take care of all financial matters and I take her to all of her medical appointments. What can I do to be compensated?
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    Kathleen D. , Nurse and Care Manager answers:
    If you are going to pay yourself, the best way is to create and enter into a contract with your mother. This protects both you and her. If you have siblings or other family members involved in your mother's care, make sure to discuss this with them to avoid any miscommunication or misunderstandings. You might want to call a local non-medical company that provides services such as accompaniment to MD appointments and find out what they pay their caregivers (not what they charge - their charges cover their overhead for liability insurance, business insurance, payroll taxes, workers' compensation, etc) and then pay yourself a similar rate. Hope this was helpful!

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    I am the sole caretaker of my 91 year old mother. She is non-ambulatory (I have to change diapers every 2 hours), and she has vascular dementia. My Mother gave my brother her home and instead she lives with me. I have no financial help from my brother. Can I claim Filial Responsibility for some of the $40,000 I have spent on her care? Another issue here is that my terminally ill brother is both suing my mother for repairs on the home he gave her and he wants me to quit-claim the home to his wife.
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    Joanne B. , Geriatric Care Manager answers:
    You need to schedule an appointment with an Elder Law attorney (not a general practicing attorney. You have two questions that are needing to be answered by an attorney.

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    My mother is in a nursing home in Puerto Rico. I live in Orlando, FL. I want to be her SS payee. Is that possible?
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    Howard K. , Elder Law Attorney answers:
    I recommend you go to the local Social Security office in your area to determine what would be required in order to process your request to become your mother's representative payee.

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    I am currently a 25 year old college student, who has spent the last 4 years taking care of my mother after she was diagnosed with end stage renal disease and was placed on dialysis. She also suffered from breast cancer and had a minor stroke in the hospital that left her cognitively weakened. She is easily confused and forgets many things.
    I quit my job when I was 20 and haven't had an official paying job since. I can just now have the time to go back to school and finish my education.
    My life has been placed on hold since my 21st birthday; I have given up many precious years of my youth devoted to the health of my mother. We tried speaking with the cash and counseling people and everything was set to go until they told us at the last moment that signing would mean my mother's estate (me) would lose the house that I would be willed, or I would have to pay back all the money that went into her budget.
    Myself as well as my mother disagreed with this clause and backed out. I was wondering if there is any other options I have as I have no kids or job I am only a college student and unpaid caregiver to my mother. Also, I must include if I cannot be compensated is there any way to receive grants to do any repairs or remodeling to her house to better support her needs.
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    Daniel S. , Elder Law Attorney answers:
    You can be paid, but you need a written care giver agreement that must be done right. Also, the house can be protected, but you would be buying through the care agreement.

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    I take care of a stroke patient. I drive him everywhere such as to rehab. and to his doctor's appointments. I buy his groceries and do other caregiving tasks. Can I be paid by the Federal Government for my efforts?
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    J. Terrence M. , Elder Law Attorney answers:
    No. But there is a State of California program through Medi-Cal called In-Home Support Service (IHSS) that pays people to care for disabled persons. Contact Riverside County DPSS for the information.

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    I was my father's caregiver before he passed away. Am i entitled to be compensated? The minimum amount of time I needed to take care of him when health care aids were not present was 63 hours per week. The maximum was 24/7. I also took care of the bills, home cleaning, getting his medication and everything he was no longer able to do. This was over the course of 5 years. The Conservator spent all of his money. He left everything to his wife including the home.
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    Thomas M. , Elder Law Attorney answers:
    Cases like yours have been won and lost depending on the facts and circumstances, including the understanding that existed between you and your father, and the circumstances surrounding the preparation and execution of his will. You should review the specific details with an attorney who is experienced in probate litigation. If you wish to discuss the matter, please call me .
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    Robert S. , Elder Law Attorney answers:
    Under certain circumstances, a child can be paid for caring for a parent. Based upon the facts you presented, his wife is not your mother? We would have to discuss the facts in greater detail, especially the conservator spending all of his money? It would be important to know if he was on Title XIX\Medicaid when he died. Please call me to discuss in greater detail.
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    Matthew S. , Elder Law Attorney answers:
    You need an attorney. If there was a caregiving agreement in place, you may be eligible to make a claim against the estate. If not, you may still be able to make a claim but the chance of success is much less likely. Did the estate get probated? Check and call an attorney.

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    My mom will soon be getting dialysis at home. I want to know how I can get paid for taking care of her at home. I am about to leave my job because my mother feels more comfortable with me being home taking care of her. Is getting paid to be a caregiver for her possible? Is there some type of application that I need to complete?
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    Lisa M. , answers:
    Yes you can go to your local county department of disability and if your loved one is on disability than you can apply to be her caregiver through the state of California, IHSS (In-home support services) The state will pay up to $10.00hr but I believe it is a max at 4-6hrs a day depending on her disability and hers might give the maximum hours in order to care for her. I also believe her physicians letter would help you in getting the benefits as well. Good luck!

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    I know that in some states, by law, the house goes to the family member who was a caregiver to an elderly parent.

    Is this also true according to Wisconsin laws?
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    Ryan Z. , Elder Law Attorney answers:
    In many cases-YES a caregiver child can be given the house and it will be protected. there are parameters, but i have used this exception many times in my practice.

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    UPDATED: A pertinent piece of information in regards to this question is that my Aunt had been on Medicaid in the past. She is now being recertified for Medicaid. So I am wondering if and how entering into a personal service contract with my elderly aunt will affect her Medicaid certification. ----------------------------------- I take care of all my aunt's financial responsibilities. I check on her at the nursing home and make sure she has the comforts she requires. I also take her out for meals, make sure she sees a doctor and buy things for her. Can I pay myself for this caregiving work from her Miller's Trust?
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    Gregory G. , Elder Law Attorney answers:
    No
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    Howard K. , Elder Law Attorney answers:
    You may not use Miller Trust funds to pay yourself notwithstanding the services you are providing to your mother. In order for you to be paid for those services, you would require a court order; otherwise, the trustee of the Miller Trust is obligated to use those funds towards your mother's cost of care at the nursing home.
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    Ellen M. , Elder Law Attorney answers:
    No. You may not pay yourself from a Miller trust if your aunt is on Medicaid. If she is not on Medicaid yet and she has resources, she (by and through you as her attorney in fact) may enter into a personal services contract to pay you for your services.
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    Andrew C. , Elder Law Attorney answers:
    you could we would have to look at the trust. Is she on Medicaid? You can call my office and discuss for free. You can ask to speak to myself or Stephen or Bryan.

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    My mom is 95 years old. She has diabetes, heart problems, can only walk with a walker, can't be left alone, is not allowed to cook meals and is on oxygen during the night. Her husband has many health problems including his heart and is on oxygen 24 hours a day. We want to keep them in their home where they're happy. Can I be paid for taking care of them?.
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    Lawrence S. , Elder Law Attorney answers:
    It is possible that you may be able to get paid if Dad was a veteran (there are benefits that may be available), or, under the IHSS if the parent's qualify for Medi-Cal (which can also be coordinated under certain circumstances). Whether they can qualify for the benefits (so you can get paid to help) depends on many different factors. However...it is possible.

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    My elderly aunt is on Medicaid, but i still have to help take care of her (groceries, clothes, extra help with some of her utilities, etc.). Can I claim her on my tax returns as a dependent?
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    Mary S. , Geriatric Care Manager answers:
    this is a question that should be posed to an accountant or elder law attorney. I am a gerontologist and while I know the answer, I would not give a response outside of my professional degree.

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    A mother has two daughters. One is assigned to be the trustee. What is a reasonable fee to pay this daughter for administering affairs and care-giving services?
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    William B. , Elder Law Attorney answers:
    It used to be that courts would routinely accept 1% of the assets under management on an annual basis, but most courts are now having a trustee submit timesheets and pay on an hourly basis. I have seen trustees' fees being ordered as low as $150 an hour and as much as $400 an hour. The care giving service is a difficult matter because the argument is that it's a daughter and this is just love and support to a family member. The contra argument is that if you had to pay an outside caregiver, why shouldn't you pay a family member, but then the issue is the amount you would pay an outside caregiver which would range from $15 to $30 an hour.

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    My sister is mentally handicapped and I am her Conservator. Can I charge fees for my services in this role?
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    Joanne B. , Geriatric Care Manager answers:
    You may be able to do this. Check with your attorney first. There has to legal paperwork involved.
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    Harold P. , Elder Law Attorney answers:
    I would think you can do this if you keep records of the work you do.

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    My mom has been living with me a little over two years, but still has her house and all of the associated expenses (e.g., taxes, etc.) After her house is sold, as part of her spend down, can she give me money to cover expenses for the two years she lived with me?
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    Ira K. , Elder Law Attorney answers:
    First, the expense for her house should be paid out of her funds as a legitimate spend down. Next, if you are speaking about expenses for her food, etc. you can be reimbursed. If you are seeking payment for care remember that should be reported as taxable income to you. Are there other sibling who may feel that you are imposing on thier potential inheritance?

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    My brother is 37. He has recently suffered a massive heart attack. His son has stopped working to take care of him, because he has memory loss, and because he has a weak heart. My brother does recieve SSI (Social Security Insurance). We were told that my nephew can get paid for taking care of his dad. Is this true? What steps should he take?
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    Nicolette A. C. , Nurse and Care Manager answers:
    First I would ask if your brother is a veteran. If so there are some resources at your local VA to be explored. As far as paying his son for care, there is a program (dependent on the state of residence) that originated with the name of Cash and Counseling. Try this website: http://www.payingforseniorcare.com/cash-and-counseling/pa-services-my-way.html
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    Scott M. , Elder Law Attorney answers:
    Yes, a family caregiver can get paid. It often is best to have a simple written care agreement in place. Otherwise, if the parent applies for Medical Assistance benefits at some point, a caseworker could take the position that caregiver payments were a gift if not made under a written care agreement.

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    My mother lives with my family and myself. We provide overnight, a.m. and p.m. care for her. We do not expect to be "paid" for this, but should we account for our time and the 'implied' expense of that? Is there any compensation out there that we can get for our caregiving efforts?
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    Celeste R. , Geriatric Care Manager answers:
    If your mother qualifies for Medicaid, there is a family caregiving program called Caregiver Homes which reimburses family members (except spouses). Medicaid app must be either pending or approved to qualify for this program, however. You may also want to consult your tax accountant for any deductions you may qualify for as caregivers.
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    John T G. , Elder Law Attorney answers:
    Prospectively, I would recommend speaking wtih a certified Elder Law attorney regarding setting up a caretaker contract to outline the scope of the work to be provided and the compensation to be provided for such work. Additionally, all "wages" paid to the caretaker child should be reflected on the child's individual tax return. With respect to care already provided for your mother, there is no way to properly pay the caretaker child for services already rendered. Any such transfer would be considered a gift for less than fair market value. I cannot emphasize the point about speaking with a certified Elder Law attorney to setup such an agreement and learn more about your options as a caretaker child.
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    Karen B. , Geriatric Care Manager answers:
    In some instances, you can get compensation for caregiving. I recommend you speak with an elder care attorney regarding this. I am happy to provide recommendations of elder care attorneys. Best of luck,
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    James A. , Elder Law Attorney answers:
    Hi: The only reason to do a 'care giver' agreement is to become compensated by your mother. This is commonly referred to as a 'spend-down' of her assets. It is a legitimate way of removing assets from your mother instead of them being used to pay an evential medicaid lien or nursing home. I hope you find this useful. BTW, check with your local visiting nurses for any aid that may be available.

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    I have been taking care of an elderly friend since 2008. During which time, I have cared for him, cooked his meals, did his laundry, and got him up in the mornings. If he was low on money I helped him by paying some of his bills. Now, his Parkinson's Disease has progressed and worsened. He has hospice here 2 days a week. They check on him and provide health care. With his health getting worse, I am doing more and paying more to keep my friend out of a nursing home. Currently, I get nothing in return for my efforts. Can I get paid for the services that I provide? Is there paperwork needed to be compensated for caregiving services rendered?
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    Maria M. , Geriatric Care Manager answers:
    Yes if he meets certain financial requirments, he might qualify for consumer directed care services assistance. Time in getting these services may be prohibited, but worth checking on. Your local Division of Senior Services office or or Medicaid office can tell you more about the qualifications and paperwork.
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    Leonard B. , Elder Law Attorney answers:
    Yes, you are entitled to be paid. But your question suggests that your friend has been making his or her own decisions, or that someone else is the agent under the power of attorney - if so, your friend or agent has the only power to pay you. Since your friend is in the hospice program you must be very careful to avoid allegations that you are taking care of your friend. Hopefully the family members can work with you now. But you can file a claim against the estate of your friend upon the death of your friend. You have rendered a kind service these many years. Hopefully you shall be recognized for your assistance.

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    I had to quit my job to give my mother around-the-clock care due to throat cancer and trache placement. She now lives with me. I have gotta get some of our bills paid. Can I be compensated for the care and support I provide?
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    Todd B. , Elder Law Attorney answers:
    A caregiver agreement is a must. Also, you should consider the issue of taxation, as if it is not a gift, it is likely income to you.
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    Timothy T. , Elder Law Attorney answers:
    The quick answer is yes but remember there should be a caretaker agreement in place and it will result in tax consequences.
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    Peggy M. , Nurse and Care Manager answers:
    Depending on the circumstances, you may be able to consult an Elder Law Attorney and have a Caregiver Contract signed between you and your mother. You can find an Elder Law Attorney in your area at www. NAELA.org.

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    I live in NC and want to know if I can get paid to take care of my elderly mother. My elderly mother has chronic ostructive pulmonary disease (COPD), low oxygen levels because of asthma, and diabetes with poor vision. Can I be compensated for the caring I provide to my elderly and sick mother?
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    David I. , Elder Law Attorney answers:
    Short answer is "yes," but keep in mind this would be taxable income to you and potentially expose her to withholding requirements for tax purposes so you may wish to consult a CPA. I would recommend you have a simple written agreement setting out what you/she agree for you to do and how much you'll be paid and that you obtain a letter from her doctor that she requires this type of in-home assistance from you in order to avoid having to be placed in a long-term care facility. Medicaid will request such a doctor's statement if she ever applies for those benefits for long-term care.

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    I live in Florida and have been trying to find financial help regarding my current role as my elderly mother's caregiver. My mother lives on a fixed income and she is also on disability. Her doctor says that she cannot be left alone because she can have seizures. Can I please get some compensation for the time I spend as a caregiver to my mother?
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    Amanda W. , Elder Law Attorney answers:
    In the state of Florida, it is permissible to pay a family caregiver for services provided. It is a good idea to have a formal contract in place that states the hourly rate, how many hours you will provide services to your mother, and what services you will be providing. This may be beneficial when qualifying for Veterans benefits and potentially Medicaid benefits. I would suggest that you meet with an Elder Law Attorney who may be able to assist you in drafting an appropriate contract. An Elder Law Attorney may also be able to advise you on how to pursue Medicaid benefits for home care and/ or Veterans benefits.

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    My mother-in-law's health is not the best. I do a lot of caregiving for her. I want to know if and how I could get paid for taking care of her. Normally I wouldnt care about money but times are getting hard. What resources are available?
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    Angela T. , Nurse and Care Manager answers:
    You are right to look into whether you can get some pay. Here is a link to an article about it. It will depend on which state you live in, whether your mother-in-law has long term care insurance and how much money she has. If she still has money she can get a tax deduction for her care giving expenses and if she is paying you that would be deductible. Here is a link to a relevant AARP article about being paid for caregiving. Another link is to the Family Caregiver Alliance. Hope that helps!

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    My Dad is currently at nursing home but I've decided to care for him at my home. Where do I start? My sister currently holds power of attorney (POA). Are there government assistance plans that will help me care for him 24 hours a day? Can I be compensated for his rent (with me), for bills, and other miscellaneous expenses?
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    Drew E. , Elder Law Attorney answers:
    If he's a veteran of a wartime period, there is a VA benefit program that is often useful. Contact a VA-Accredited elder law attorney for information. Unfortunately, most veteran's service organizations know the details, hence my suggestion.
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    Jordan R. , answers:
    Here is a link to the Georgia DHS CCSP program. Let me also recommend that you visit the 'Can I be paid for caregiving?' page at MyAgingFolks.com
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    Ruthann L. , Elder Law Attorney answers:
    If your father is eligible for Medicaid benefits then he can apply for CCSP (Community Care Services Program) to help provide care at home. However, CCSP does not provide 24/7 care, so you will need to pay privately or ask family members to help. Household expenses such as utilities will be your responsibility.

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    I live with my mother and take care of her needs. It would be hard for me to leave her and work full time but I need the money. Is there any way I can get paid for taking care of her needs?
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    Marty B. , Elder Law Attorney answers:
    If your Mother or your Father served in the military during a time of war they will be eligible for VA pension benefits with Aid and Attendance. This benefit can provide funds to pay you for taking care of your mom. It typically takes between 4 and 9 months to get the benefits. But the benefits will pay retroactively from the time you submit your application. I recommend working with a Veterans Service Organization so prepare your application, there is never a fee for this service. If your mom is not eligible because she has too much in the way of assets or income, then you should talk to a VA Accredited Attorney to help you. Beware of people selling annuities and claiming to be part of a veterans group or the government. These are SCAMS to be avoided.
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    Denise D. , Geriatric Care Manager answers:
    There are a couple of ways possible including becoming a CNA(which does not take a lot of training here in NC) and going to work for a home care agency as her caregiver. If she or your dad were a veteran, there is also a benefit called aide & attendance that you can get to help pay for her care though this is a longer process. Feel free to contact me personally to discuss.
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    Robert H. , Elder Law Attorney answers:
    Yes, under certain circumstances. Consult an elder law attorney immediately!

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    I was wondering what percentage the elderly make up in our population. In particular, what is the percentage of elderly within Austin, Texas. Is the population there over 25%? The Zipcode, by the way, is 78723.
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    Leah C. , Geriatric Care Manager answers:
    That is a very interesting question. In Austin based on 2010 projections between 7% and 8% are over 65 in the Austin area compared with around 11.5 Texas wide. I hope this answered your question.

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    My son is 26 and has cerebral Palsy, fully involved. He is severely and profoundly disabled since birth. He needs complete care 24 hours a day. I do most of his care, I do have some CNAs come in a couple times a day to help out, primarily I do most of his care, My question is how do I get compensated for taking care of him since I have not worked outside of the home since he was about 2?
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    Jordan R. , answers:
    I thoroughly commend you on your years of caregiving to your son. I can thoroughly understand why you might want to be compensated/reimbursed for your caregiving labors. And while financial compensation for caregiving is not an area of expertise for me, your question has been shared with legal and care management experts near you. You should shortly receive some answers from those care professionals. In the meanwhile, however, let me recommend that you look at the questions, answers, and resources provided on our dedicated Caregiving Compensation support page.

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    Under the direction of an attorney, I have hired my daughter to help me take care of myself. (I have mid-stage MS.) We created a caregiver agreement that concretizes this aspect of our relationship. I noticed that the agreement pays an hourly of merely $15/hr. Could I raise the amount of her hourly? Spending down my assets in this way, could serve us both.
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    Joseph D. , Elder Law Attorney answers:
    Sure. You can raise the amount per hour but you must be done on a rational basis. Hourly payments are fine. This is so you can spend down for Medi-Cal....I assume.
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    Michael M. , Elder Law Attorney answers:
    Go to the MetLife Mature Market web site. They have comprehensive reports as to the average cost of various kinds of care in all parts of the country. If you have entered into this contract for the purposes of obtaining public benefits, you must consult with a qualified elder law attorney immediately.

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    My 88 year old father has been diagnosed with cancer. I am his primary care taker. Is this situation considered to be covered under the family leave act?
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    Susana L. , answers:
    The Family Leave is a complex law, but here are some basics: It covers parents but not in-laws; you need to give your employer 7 days advance notice; the time for coverage is 12 weeks. It is all un-paid. Your employer may require you use all vacations, sick leave and personal time first. It is generally applicable to employers of over 50 employees. If you are in Massachusetts, you can look up this law here.
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    Joanne P. , Geriatric Care Manager answers:
    The Family Medical Leave applies if one is providing direct care. If for instance your father is in a facility in which he is getting care then it may not apply to you. I hope this is helpful. Please feel free to contact me if I can be further assistance to you.
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    Ramsey B. , Elder Law Attorney answers:
    Yes it falls under FMLA.
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    Susan L. , Geriatric Care Manager answers:
    I would speak to your employer. Good luck!
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    Patricia B. , Elder Law Attorney answers:
    The Family and Medical Leave Act (FMLA) provides certain employees with up to 12weeks of unpaid, job-protected leave per year. It also requires that their group health benefits be maintained during the leave. FMLA is designed to help employees balance their work and family responsibilities by allowing them to take reasonable unpaid leave for certain family and medical reasons. It also seeks to accommodate the legitimate interests of employers and promote equal employment opportunity for men and women. FMLA applies to all public agencies, all public and private elementary and secondary schools, and companies with 50 or more employees. These employers must provide an eligible employee with up to 12 weeks of unpaid leave each year for any of the following reasons: For the birth and care of the newborn child of an employee; for placement with the employee of a child for adoption or foster care; to care for an immediate family member (spouse, child, or parent) with a serious health condition; or to take medical leave when the employee is unable to work because of a serious health condition. Employees are eligible for leave if they have worked for their employer at least 12 months, at least 1,250 hours over the past 12 months, and work at a location where the company employs 50 or more employees within 75 miles. Whether an employee has worked the minimum 1,250 hours of service is determined according to FLSA principles for determining compensable hours or work. Time taken off work due to pregnancy complications can be counted against the 12 weeks of family and medical leave.

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    I currently have power of attorney over an elderly gentleman who is mentally retarded. I take him to Dr. appts., cook for him, do his laundry, clean the house, and also mow his lawn. I am not paid for any of the above services! Am I entitled to get paid for what I do?
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    Beth Ann L. , Elder Law Attorney answers:
    Thank you for your inquiry. The document which controls right to compensation is the Power of Attorney itself. It will spell out what compensation is available. If it is silent on the matter, then we would have to look at the Code of Virginia and the Uniform Power of Attorney Act to determine how the code applies to the specifics of your case.

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    I would like to know how i could become my mothers caretaker. She has M.S. and already needs this assitance but she is still working. She needs help cleaning house, running errands for her and etc. I would like to be paid by the state.
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    Karen J. , Nurse and Care Manager answers:
    The following excerpt is from the Arizona Long Term Care program's website. Please see below. I trust that this will answer your question. MS 302.02.C - Self Directed Attendant Care (SDAC) The Self Directed Attendant Care (SDAC) service option allows ALTCS customers to hire their Attendant Care Worker (ACW) rather than getting their services through a caregiver agency. The SDAC service option was implemented August 2008. Customer independence and personal choice are an important part of the SDAC service option. Customers choosing to participate in this service must be interested in actively managing their own health care and be willing to take responsibility for obtaining and maintaining SDAC services. Participating customers will: •Identify their own needs ◦Determine how and by whom their needs are met ◦Choose which tasks to receive from their Attendant Care Worker (ACW) ◦Select the days and times of service •Hire, manage, and terminate the attendant caregiver of his or her choice, including family members, excluding the spouse and parents of minor children. (Spouses can continue to be paid for providing care through the spouses as paid caregivers option.) •Define what constitutes quality of care. The following tasks are performed by the Attendant Care Worker (ACW) while working directly with the member. Typical tasks would include: •Homemaking, •Personal care, and •General supervision

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    Can I get paid for being my parents' Caregiver? How do I find out where to go to apply for being their caregiver?
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    Joseph M. , Elder Law Attorney answers:
    Yes. Your Mother can contract with you under a Personal Care Contract. You would have to report the income on your taxes. There is no place you need to apply to be the caregiver, it is a contract between you and your mother. If there is an entity such as Medi-Cal that is involved, you might have to disclose the agreement.

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    How do you receive compensation for caring for a family member?
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    Janet L. , Elder Law Attorney answers:
    It is important for a family caregiver to have a contemporaneous, signed agreement which reflects the compensation being paid and the services to be provided. We advise caregivers to document the time and the services.
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    Sheri P. , Elder Law Attorney answers:
    You need to have a signed caregiver agreement in place.

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    Can I get paid to take care of my father who just got diagnosed with dementia?
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    Kathleen W. , answers:
    You absolutely can hire your daughter.
    We have an FAQ on this subject with links you will find helpful at our website

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