If you are going to be a paid caregiver for your mother, you must follow some very strict rules.
Here’s how it works. If your mother ever needs skilled nursing care, she may need to apply for Medicaid. Medicaid will penalize any payments made to a family member within five years as a “gift” unless you follow the Medicaid rules.
Those rules (which have been muddied even more by a recent court case) are that (1) you must have a written, notarized agreement; (2) pay must be fair market value; (3) your mother must not already be in a nursing home; and (4) before paying you, there must be a doctor’s certification that your services are necessary to keep your mother out of a nursing home.
These rules are complicated. Before you do anything, give us a call or email us and we can talk more about your specific details.
Exciting news! Starting on Saturday, September 10, 2016, elder law attorney Glenn Matecun will be hosting Senior Law Radio on WMUZ 103.5 FM. Senior Law Radio will provide cutting edge strategies and guidance on elder law, nursing home planning, long-term care planning, Wills, Trusts, Veterans’ benefits and many other legal issues affecting today’s aging population. Make sure to tune in and listen every Saturday from 3 to 4 p.m.!
Glenn Matecun is a partner with the law firm of Matecun, Thomas & Olson, PLC in Howell. He is an attorney focusing on estate planning, elder law and senior Veterans’ benefits, and answers readers’ questions on legal matters affecting individuals, their families and their businesses. Email questions to [email protected], or if your question is urgent, call (517) 548-7400. Visit us at www.MichiganEstatePlans.com. The information in this column is not intended as legal advice.