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Old 08-14-2012, 09:34 AM   #1
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"Service Contract" Advice

Okay... After my initial anger wore off, I was willing to take the high road and just let things slide with my brother... Even though he was refusing to help in any way with my mother because he didn't "approve" of my bringing her home from the rehab... UNTIL his wife got a puppy and he's apparently willing to help with THAT even though he didn't "approve" of her getting it... He's scared to death of his wife, but not -- apparently -- of me! What do I need to know before going about seeing an attorney at $$$ per hour to draw up a service contract to be compensated at the "going rate" for the care I'm providing Mom? That would be 24/7 except for the hours I'm at work or, occasionally, taking time off on the weekends for a little recreation with friends; brother: 1 hr/day.


 
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Old 08-14-2012, 01:55 PM   #2
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Re: "Service Contract" Advice

The ones I have seen are a flat rate per week or month rather than an hourly rate. It's easier to keep up with. It is something the two of you will have to agree on because there is no standard that I know of. You may not get 100% of the going rate for all hours but you can definitely come up with an agreeable number for all that you do . I am sure the lawyer can give you guidance

Love, deb

 
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Old 08-14-2012, 02:24 PM   #3
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Re: "Service Contract" Advice

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Originally Posted by Gabriel View Post
The ones I have seen are a flat rate per week or month rather than an hourly rate. It's easier to keep up with. It is something the two of you will have to agree on because there is no standard that I know of. You may not get 100% of the going rate for all hours but you can definitely come up with an agreeable number for all that you do . I am sure the lawyer can give you guidance

Love, deb
I was actually wondering if it can be done WITHOUT a lawyer; I currently "control" the checkbook/finances, have the credit cards, do the shopping, pay the bills (out of her accounts), etc. I'm sure there will be an issue with our being "joint POA" and Mom being "incompetent" (as it stands now). I'm equally sure my brother won't agree to it if asked, now that he's no longer doing half the work (we'd talked about this before, but never acted on it) but is only "visiting," in his own words, an hour a day. I AM working virtually all the time I'm home (including being up several times every night) while he enjoys a life of unemployed leisure! Aside from the "fairness" issue, I am earning that money. I would, without a second thought, use it to keep Mom at home with paid caregivers should hers run out. Anyway, to that end, I DID find a form online titled, "Home Heath Care Provider Service Contract."

 
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Old 08-14-2012, 03:35 PM   #4
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Re: "Service Contract" Advice

OH yeah, you can do it without an attorney but it will take agreement of both of you and he will need to sign off on the papers since he is the CO POA. That may be the fly in the ointment. When a siblings is not picking up their share of the load they don't want to pay you for doing it for them!! See what you can do to get his agreement on something that is reasonable for both of you.

Love, Deb

 
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Old 08-15-2012, 10:36 AM   #5
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Re: "Service Contract" Advice

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Originally Posted by Gabriel View Post
OH yeah, you can do it without an attorney but it will take agreement of both of you and he will need to sign off on the papers since he is the CO POA. That may be the fly in the ointment. When a siblings is not picking up their share of the load they don't want to pay you for doing it for them!! See what you can do to get his agreement on something that is reasonable for both of you.

Love, Deb
I could always tell him it's to help her "spend down" faster so she'll qualify for some of that good old Medicaid-covered nursing home care, since he's so hep to get her into a nursing home for some reason. It's true that we would qualify for at least the VA's A&A benefits sooner if she paid me for CG, too.

Little would he suspect I'd be setting it aside to pay for her in home care, if necessary! If it never came to that, the money would be all mine; not split.

Which is only FAIR, after all!

 
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Old 08-15-2012, 11:12 AM   #6
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Re: "Service Contract" Advice

All4, please remember that every $ you receive as a hourly compensation for your caregiving will be subjected to federal and state income tax as a home business. You may wish to contract an accountant to set the whole thing up for you. Depending on your tax bracket, you are simply giving much of your mother's hard earned money to the government for nothing.

An alternative to consider is that your mother is entitled to gift you (and your siblings) each up to $15,000/year (or something like that), tax free. To do so will require your sibling's consent, of course. If your true intent is to shelter your mother's money in order to allow her to qualify for VA and A&A sooner, this is the way to go, but requiring your sibling's consent and trust.

From your various posts, I am repeatedly reading your intent is to go against your brother's wishes. Regardless of your motivation and regardless whether your brother is right or wrong, this is strictly against the intent of joint POAs. If challenged, the judicial system will subject all your actions to a fine microscopic examination. I urge you to reconsider a more cooperative approach.

Last edited by Luau; 08-15-2012 at 11:16 AM.

 
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Old 08-15-2012, 11:17 AM   #7
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Re: "Service Contract" Advice

Quote:
Originally Posted by Luau View Post
All4, please remember that every $ you receive as a hourly compensation for your caregiving will be subjected to federal and state income tax as a home business. You may wish to contract an accountant to set the whole thing up for you. Depending on your tax bracket, you are simply giving much of your mother's hard earned money to the government for nothing.

An alternative to consider is that your mother is entitled to gift you (and your siblings) each up to $15,000/year (or something like that), tax free. To do so will require your sibling's consent, of course. If your true intent is to shelter your mother's money in order to allow her to qualify for VA and A&A sooner, this is the way to go, but requiring your sibling's consent and trust.
Any money my mother "gifted" to me would be squirreled away, as I am a save and penny-pincher extraordinaire; any money "gifted" to my brother would be frittered away on junk at WalMart by his lazyaZZ wife, so I'm not interested in her "gifting" any more of her hard-earned money (she already gave us each thousands simply to bail him out of ever-growing debt, keep his car running, etc.; I didn't need money, but she made the gifts equal to be fair). I have no interest in "impoverishing" her simply to qualify for VA or anything else; am interested only in seeing that it NOT be squandered by the brother/in-laws.

True about the taxes; it would probably be more trouble than it's worth...

However morally satisfying...

Last edited by all4mom; 08-15-2012 at 11:18 AM.

 
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Old 08-16-2012, 01:49 AM   #8
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Re: "Service Contract" Advice

And don't forget that Medicare can go back 4 years to determine if she has given away money soley - in their minds - to avoid paying for nursing home care themselves. It's called a "look back." You need legal and tax advice. Talk to an elder care attorney. Your local Bar Association office should be able to give you the name of one that will give you 1/2 hour pro bono.

 
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