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FLTN, if your Dad had professional caregivers around the clock, it would be costing him between $10k and $25k per month, yes per month..... so $300 a month is more than fair if you feel that is what you are comfortable with. As Dad needs more care, you may want to think about an increase in pay, or use the money to hire a part-time caregiver, so you won't become burnt-out.
If you plan on being paid, you would need to have a Contract with your Dad, saying that he will be paying you $300 a month. Otherwise, if later down the road Dad needs help via Medicaid [which is different from Medicare] Medicaid won't see the $300 as a "gift" to you.
Curious what your brother is doing to help Dad. This shouldn't be all falling on your shoulders just because you have Power of Attorney.
Make a spread sheet listing all that you do and the time it takes you to do it, then call around and find out how much your father would be paying a management company, geriatric care manager or professional fiduciary to take care of those things. If you are doing any kind of caregiving put that on a separate spread sheet because hands on care is not part of being a POA. Send it to your brother. Or.... you could just tell him where to go 😉
Since the burden of care is going to increase as your father ages and that care is inevitably going to fall on you now is the time to set up a formal, legal care document WITH your father and an attorney. Be sure he has an updated will and an advance directive too.
When you say "as POA I am entitled" do you mean that the POA documentation states that you are (or any other primary caregiver is) to be paid?
Because unless it says that, you are most emphatically NOT entitled. Could you clarify this, please?
PS - I ought to add, with just as much emphasis, that this does not include expense you pay out as your father's POA or as his caregiver. If looking after him or working on his behalf *costs* you anything, you can claim that back. Perfectly legitimate.
You know I had to double check this and in my Canadian province a POA is entitled to "3% of the monies received and disbursed by the grantor, and a management fee of 3/5ths of 1% of the average annual value of the grantor’s assets". But of course different jurisdictions have different rules.
You wrote on your profile: "I am caring for my father Jim, who is 88 years old, living in my home with age-related decline, anxiety, depression, incontinence, and mobility problems."
Your father is living in your home. $300 is a bargain by any extent of the imagination. You owe your brother no explanation! It is not his business because your father chose *you* and not your brother to be his POA.
You do NOT need to claim the $300 on your taxes as it is not income but rather the cost of your dad's food. The average cost of food for a single person is up to $300 and if your dad has special dietary needs, that could be even more. As your father's needs increase, what he pays you for his room and board can increase. Furthermore, you may be able to claim your father as a dependent on your income taxes. Keep a spreadsheet and talk to your accountant.
But food and POA costs can't be lumped together. I didn't know Dad lived there. If so then there needs to be a carefully done and LEGAL care plan so that the son is not accused by the other son, or by the system of "gifts" and the Dad, who may need medicaid in future, of "gifting". 300.00 is way to much to charge to be POA, but if Dad is living there, too little for being POA and buying food, changing housing so it works for Dad, and so on.
I likely misunderstood your question. If Dad is living with you and you are caring for him I think 300.00 is too little. If you are charging 300 to manage your Dad's money only, and it is simply done, then I think it is too much. The real point here is that you need to see an attorney and work out a care plan. You cannot do this without contract and keeping track and it could be considered "gifting" and ruin your Dad's future chances of getting medicaid if he needs it. If Dad is living with you and you are POA your bro has no business knowing any of this, but you must keep careful records in case he accuses you of anything. See an attorney. Where legalities are concerned you don't want to take the advice of a forum. Your father's funds pay the cost of said attorney as this involves his estate and cost.
People really should read a poster's profile before answering. Poster offered valuable information on her profile: "I am caring for my father Jim, who is 88 years old, living in my home with age-related decline, anxiety, depression, incontinence, and mobility problems." 1. She's probably driving him places - i.e. deserves reimbursement for mileage. 2. She's probably doing his laundry - i.e. deserves reimbursement at a wash and fold rate which is around $0.99 per pound.
If anything, poster deserves more than $300 per month. Her brother sounds like he's more interested in protecting his "inheritance" than helping his father. $300 is completely defensible even with Medicaid.
call a home care agency in your town and visit them. Find out if they can provide the care and hours you are currently providing. Have them give you the weekly or monthly cost quote in writing. As an aside, check if his medicare/medicaid/VA or other insurance will cover. Use this info to determine how to proceed.
When my dad was diagnosed with inoperable cancer, I moved back in with him and my mother that day (10/2) and after his death and placement for my mother in a nursing home, I was able to return home on December 11. He insisted I be paid market rate for my time and caregiving of both of them. I wasn't happy about it, because I would have happily done it for free. I also didn't like the idea of writing out a check to myself in my role as POA and Trustee. Nonetheless, he insisted, and his attorney agreed.
Market rate would have been $25/hour, and I didn't feel comfortable with that, so I went with $20. I ended up being paid $30,000, so as you can imagine, you're being extremely underpaid.
As a POA, you are entitled to nothing, your duty is to the principal (your father).
So, if your POA does not forbid payment, a fiduciary can get paid "reasonable compensation." In Michigan it is 1 to 1.5% of the total assets managed over the course of a year. Then, there are reimbursable expenses, such as mileage you should keep a log of and write a check for those expenses monthly. Check your state laws for specifics.
Any payment for caregiving specifically or rent needs to go thru a lawyer. Some states prohibit this unless it was in the original POA paperwork. As POA, you cannot enter into a legal agreement with yourself and a court may have to determine adequate payment for these activities.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
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This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
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You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
If you plan on being paid, you would need to have a Contract with your Dad, saying that he will be paying you $300 a month. Otherwise, if later down the road Dad needs help via Medicaid [which is different from Medicare] Medicaid won't see the $300 as a "gift" to you.
Curious what your brother is doing to help Dad. This shouldn't be all falling on your shoulders just because you have Power of Attorney.
Or.... you could just tell him where to go 😉
Since the burden of care is going to increase as your father ages and that care is inevitably going to fall on you now is the time to set up a formal, legal care document WITH your father and an attorney. Be sure he has an updated will and an advance directive too.
Because unless it says that, you are most emphatically NOT entitled. Could you clarify this, please?
PS -
I ought to add, with just as much emphasis, that this does not include expense you pay out as your father's POA or as his caregiver. If looking after him or working on his behalf *costs* you anything, you can claim that back. Perfectly legitimate.
Your father is living in your home. $300 is a bargain by any extent of the imagination. You owe your brother no explanation! It is not his business because your father chose *you* and not your brother to be his POA.
You do NOT need to claim the $300 on your taxes as it is not income but rather the cost of your dad's food. The average cost of food for a single person is up to $300 and if your dad has special dietary needs, that could be even more. As your father's needs increase, what he pays you for his room and board can increase. Furthermore, you may be able to claim your father as a dependent on your income taxes. Keep a spreadsheet and talk to your accountant.
"gifts" and the Dad, who may need medicaid in future, of "gifting". 300.00 is way to much to charge to be POA, but if Dad is living there, too little for being POA and buying food, changing housing so it works for Dad, and so on.
The real point here is that you need to see an attorney and work out a care plan. You cannot do this without contract and keeping track and it could be considered "gifting" and ruin your Dad's future chances of getting medicaid if he needs it.
If Dad is living with you and you are POA your bro has no business knowing any of this, but you must keep careful records in case he accuses you of anything.
See an attorney. Where legalities are concerned you don't want to take the advice of a forum. Your father's funds pay the cost of said attorney as this involves his estate and cost.
1. She's probably driving him places - i.e. deserves reimbursement for mileage.
2. She's probably doing his laundry - i.e. deserves reimbursement at a wash and fold rate which is around $0.99 per pound.
If anything, poster deserves more than $300 per month. Her brother sounds like he's more interested in protecting his "inheritance" than helping his father. $300 is completely defensible even with Medicaid.
Market rate would have been $25/hour, and I didn't feel comfortable with that, so I went with $20. I ended up being paid $30,000, so as you can imagine, you're being extremely underpaid.
Your brother needs to zip his lip.
So, if your POA does not forbid payment, a fiduciary can get paid "reasonable compensation." In Michigan it is 1 to 1.5% of the total assets managed over the course of a year. Then, there are reimbursable expenses, such as mileage you should keep a log of and write a check for those expenses monthly. Check your state laws for specifics.
Any payment for caregiving specifically or rent needs to go thru a lawyer. Some states prohibit this unless it was in the original POA paperwork. As POA, you cannot enter into a legal agreement with yourself and a court may have to determine adequate payment for these activities.
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