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marypar
11-06-2007, 03:05 PM
Hi, my mom has alzheimer's and right now is manageable; she alternates living with each of my two brothers each month. As mom's POA, I find that $1000 per month is a reasonable amount of money to give my brothers for room/board/food/expenses. I am keeping record with cancelled checks and notating on the check what this is for. My lawyer never said I need to do anything more. So I went on an Elder Law website and the lawyer there said I need a Family Care Agreement for my brothers and I need to go to a lawyer. Is that really necessary to do???? If I need to do it, would you think I can pay from mom's money as it is for her? Honestly I don't want to go to the lawyer - what about called Medicaid and asking them? thanks, maryann

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Beginning
11-06-2007, 04:25 PM
Checking with medicare is a good idea. I suspect that a written family care agreement was recommended to document payments from her estate for purposes of the medicare look-back period. Medicare will want to ensure that the family hasn't just been making early distributions from her estate.

There may also be some side benefits from a family care agreement to document each family member's contributions and payment in the event of future disputes among family members, or for tax reasons. (Figuring out if this payment is income and who gets to declare her as a dependant would obviously raise additional complications.)

When DH was diagnosed, I spent a few hundred dollars for one hour of a elder-care lawyer's time -- and believe me, I questions prepared in advance, and made him talk fast. It was money well spent since it helped me to understand the things that I should consider doing and why. I then found a cheaper lawyer to do the few things that made sense to me. Some of his suggestions were for families with more assets than ours, or weren't practical for our family.

Martha H
11-06-2007, 06:59 PM
I highly recommend using an Eldercare Lawyer to make sure everythng you are doing is correct for the state you live in. Otherwise future coverage by medicaid might be denied.

Meanwhile I think it is wonderful that your brothers are taking care of her at home. However the disease only gets worse and worse and institutional care is often necessary later.

Good luck.

Martha

marypar
11-07-2007, 01:08 PM
Hi Martha,
I actually just reached the Medicaid office in NYC - they told me just to keep the cancelled checks with the note "room/board/expenses" - they look at that as just an expense for her living with my brothers. Wow, that's a relief......
maryann





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