I am a finanacial planner and was brought in to evaluate the following situation...elderly woman living in her home with her grown son, son's friend and her grandson all living with her. The son's friend is the elderly woman's caretaker preparing meals, assisting with her toileting (includes diapering) and bathing etc and being paid $2900/month. None of them pay rent and they only pay for internet service and "overages" on any of the household utilities (expenses that increased since they all 3 moved in). I'm looking for comments as to the "fairness" of this arrangement as some other family members think that the hired help isn't payig their fair share. Any thoughts?
Suz - was this regarding my commentary? Some states do not do waivers at all, some states have waivers for AL, some states have dental waivers, this is part of what is so maddening in dealing with Medicaid as each state and sometimes county puts it's spin on rules. Some states view your caring for a family member as noncompensationable (you do it out of love) so if they pay you without a personal services legal contract (as Diane said prior to becoming incapacitated) that $ could be viewed a gift and there could be a Medicaid transfer penalty if they apply for NH Medicaid and the $ surfaces.
In so many ways, this is an ideal situation in that mom staying in her familiar environment; family is about 24/7 for her; family is compensated which mom can afford and other family does not have to manage mom's situation. However, I will share my crystal ball (which I'm borrowing from JeannieGibbs) as to the future:
- eventually if they live long enough, mom will imho, run out of $ and the caregiver will run out of steam as mom's needs will exceed the caregivers ability
- mom will need to enter a NH as the other children will not be caregivers
- how to pay for the NH then becomes sticky: if mom is generationally wealthy she can afford 5K - 10K NH a month private pay, roughly 85K a year. No worries except how to deal with probate and you can assist the executor in this. BUT if
mom isn't wealthy, the current situation presents a host of problems.
If mom applies for Medicaid, the 3K a month can become a 36K Medicaid transfer penalty (3 x 12) multiplied by each year which someone from the family will have to pay or make an arragnement with the NH to pay in order for mom to stay there. Now mom can do a "personal services contract" with them for 3K a mo, done by an elder care attorney so that it can pass her states Medicaid review, so that the 3K a mo is an expense of daily life and is not a gift. The contract should list responsiblities and time frame and how compensation is done. Mom would do a 1099 on it and they would have this as reportable income of 36K a year.
Personally I think mom should not be writing these checks but this done either by one of the other kids or by an attorney or FA paid to manage this. I would make sure that there are NO accounts co-mingled between mom and the caregivers. A set amount for Mom's daily needs would be paid via a debit card which the caregiver has with on-line access to all family members. Caregivers cannot use debit card to pay for any of their needs as their 3K a mo income does that & having on-line access allows for family to micromanage (& complain) if they want to. I would have mom pay for the utilities as this is just easier (assuming she can afford it) BUT I'd have the caregivers pay for anything cable or internet. Mom doesn't need Netflix or will be doing multiplayer Call of Duty MW3.
The 1099 income also builds SS kitty for the caregiver for the day they retire especially if they do not have enough quarters credit or their past pay was low.
However, my experience is that folks that are being paid under the table, will NOT want to go to a reportable taxed income mode as they likely are getting other benefits (SNAP or medical) becasue they are low income. If this is the case, then I'd suggest a family meeting at a neutral location (elder care law office). Unless the sibling (which I'm assuming is your client) has a huge portfolio with you, this could be a big sticky mess which I'd gracefully avoid as the other siblings will be contacting you way too much for opinions in areas that is not your expertise and could be an issue with compliance (if you've got a series7).
That it should even be asked if a caregiver should receive a halfway decent wage shows the actual feeling of the family for the caregiving. The money to them is more important than the care. If the mother is receiving good care, then shame on them for even questioning $2900 plus housing. Would these family members work for less in their own jobs?
And since there is a financial planner involved in this case, I'm sure they have looked into life insurance issues.
I worked until 2010 when I got injured and now I'm home full time with mom. It is a big help when someone else comes in for the little time it is. I was told by my moms attny to be sure to take out a stipend out of moms money monthly to pay for her living in my home and caring for her. I only took out $700 a month knowing if she needed the money to care for her in other ways the money would be gone. Should that happen I could not pay and other measures would be needed for her care. I felt bad about using her money. My brother and sister in law thought it was a good idea but my sister did not. She also did not come to visit but maybe once a year or when mom was extremely ill.
Full time caregiving does deserve payment no matter who it is doing it as long as it is done with loving care. Sometimes if nothing else a mental break is needed. God bless all those that care enough to lend a helping hand be it for money or love.
You all know it ain't gonna happen. Minnie the Moocher and her grandson, along with this woman's grown son have found an arrangement that suits them. I only wonder why the financial planner entered the picture at the request of other family members or the elderly woman herself. The "friend" must be a fantastic caregiver.
There should be a personal care agreement or some kind of contract in place spelling out the responsibilities and the pay of the caregiver.