Can I Get Paid To Care For an Elderly Family Member?

As the number of family members providing care for aging parents increases, the solutions to find help with loss of income because of time off from employment for caregiving has become a major concern for many.

The demands on both the time and energy needed to provide the needed care can make it impossible to maintain both a full time job with full time caregiving.

Seeing a need to give support to family caregivers the federal government Administration on Aging created the National Family Caregiver Support Program.

State Area on Aging division manages this program on the state and community level to offer support services that include:

§  Information to caregivers about available services;

§  Assistance to caregivers in gaining access to supportive services;

§  Individual counseling, organization of support groups, and caregiver training to assist caregivers in making decisions and solving problems relating to their roles;

§  Respite care to enable caregivers to be temporarily relieved from their care giving responsibilities; and

§  Supplemental services, on a limited basis, to complement the care provided by caregivers.

Medicaid Cash & Counseling Program:

A Medicaid approved assistance program called Cash & Counseling may be used to provide funds to hire personal care aides as well as purchase items or services, including home modifications that help them live independently.

The PayingForSeniorCare.com website gives the following information about the program:

"For Medicaid eligible seniors, the process begins with an assessment in the home to determine the senior's home care needs; this includes interviews with caregivers and possibly the senior's physicians. A determination of how many monthly care hours are required is made. The benefit amount is calculated using that determination and cost of care for that geographic area. This amount can be increased or decreased as the senior's needs change. A family care giver may need to qualify as a home health aid by the state to receive these funds."

This program is executed by each individual state Area on Aging Services division. It is a relatively new program and is not yet available in all States. Check with your state Area on Aging Services department for availability.

Using the Veterans Aid and Attendance Pension Benefit:

A totally overlooked source of money to pay family caregivers to provide care at home is the Aid and Attendance Pension Benefit. This money is available to veterans who served during a period of war. Pension money is also available to the widows of these veterans. This benefit, under the right circumstances, can provide up to $1,949 a month in additional income to pay family members to provide care at home.

Getting the aid and attendance benefit to pay for family caregivers is not an easy task. This is because there must be a caregiver contract in place, a physician medical evaluation done, income and asset qualifications met and proof of medical expenses provided. Submitting the correct forms and documentation can easily be completed with the help of a VA Accredited Consultant who understands the process.

Long Term Care Insurance Benefit:

If the senior being cared for has a long term care insurance policy that covers home care, payment to the care giver from this source could be arranged. Some policies require the care provider to be through a licensed home car agency, but others will pay for individual aides certified as such. This would require some training by the family member to become certified. There are policies that pay a daily benefit amount to the insured to use as they want to pay for their care. Check with a long term care insurance professional about types of policies.

Caregiver Contract:

In some cases the senior parent has the funds to pay for care. If a family member is giving care it is very important that a caregiver contract be in place. A signed and dated agreement will outline the services provided as well as the amount of pay for these services. The contract will eliminate questions about what is expected from both parent and caregiver as well as providing a legitimate contract and payment record of services to qualify for Medicaid.

Attorney John L Roberts, in his article titled "Caregiver Contracts that Protect Elders and Their Family Members" states:

"A written Caregiver Contract is a good idea for every family that wants to protect family harmony, and make sure everyone in the family understands how care is being provided to an elder.

The family member who provides care can save an elder from needing nursing home services, and may also protect assets if nursing home care is needed in the future. Elders who want to cover all of these bases must have a written Caregiver Contract. Whenever adult children and other family members are providing valuable care, only a written agreement will protect assets from nursing home care costs and qualify the elder for Medicaid."

In having the parent pay a family member for caregiving, it will be an employer/employee situation and payroll records must be kept with payroll taxes paid.

This can also be set up by an elder law attorney at the time the contract is done.

Final Note:

Taking the time to create the caregiver contract, research the government and state services that are available to caregivers and using community resources will make the family caregiving experience less stressful.

 To learn more about Medicaid and VA Benefits in Tampa or Brandon, Florida,  please contact the Law Offices of Laurie Ohall today.

A 'Do It Yourself Will' may be an inexpensive route, but...

A potential client called my office to discuss the probate of her mother’s home now that the mother has passed away.  She told me how she prepared a Will for her mother to sign (she’s not an attorney or paralegal – she just used a form she found on the Internet) and how the Will states that, at death, the homestead should be sold with the proceeds being distributed among all the children (there are 6 of them).  She also mentioned to me that her mother was receiving Medicaid benefits before she died.

...And, therein lays the problem.

In Florida, a person’s homestead is exempt from forced sale by creditors and this exemption passes to your heirs at law (i.e., your blood relatives) so that creditors of your estate cannot force the sale of the home to be paid what they are owed.  The home will pass free and clear (unless there is a mortgage) to the family, the family can sell the house if they choose to and then split the proceeds.  So, why is there a problem with this potential client’s situation?

The daughter prepared a “do it yourself” Will for her mother, and thought she was doing everyone a favor by drafting language into the Will requiring that the house be sold with the proceeds being split amongst the children.  If the mother would not have had a Will at all (i.e., died “intestate”), the house would have gone through probate, been transferred into the kids’ names, and they could have sold it and split the proceeds.  Or, mom’s Will could have just stated that “all the rest, remainder and residue” goes to the children and the house would have gone through probate and into the names of the children.  However, because the Will requires that the house first be sold, Florida case law is pretty clear that this subjects the proceeds from the sale to creditors’ claims, meaning that, before the money can be divided amongst the kids, the creditors can file claims against the estate and collect on their share.  And, that means that Medicaid’s lien must now also be paid back (which would not have happened if the Will had been drafted properly).

So, what have we learned?

There are reasons why you go to an elder law attorney to prepare your Will (and Durable Power of Attorney, and Living Will, and Health Care Surrogate) because they know what should and should not be in the document.  They can weigh the pros and cons of things you might want in your Will and can tell you the legal reasons for why you should or should not have a particular provision in your Will.  Please, don’t do it yourself.  

Laurie Ohall is a board certified elder law attorney practicing in Brandon, Florida.  Contact Ms. Ohall today if you are in need of estate planning, elder law, probate or guardianship assistance.

For over 20 years, Laurie Ohall has been serving the legal needs of Tampa Bay area families. Ms. Ohall is a Florida Board Certified Elder Law Attorney, and is also licensed in the state of Ohio.  It is her mission in the practice of law to protect, honor and educate her clients.  She advocates on behalf of her clients in the areas of Medicaid Reform and resident’s rights (in ALFs and nursing homes). She also provides clients with comprehensive estate planning including wills, trusts, and advanced healthcare directives, and gives Tampa area seniors and their children piece of mind as they navigate Florida Elder Laws. Her blog is updated regularly to educate Florida residents about the laws affecting seniors, estate planning and probate.

(813) 438-8503   1127 Nikki View Drive,  Brandon FL 33511

I recently read an article in Kiplinger’s Personal Finance entitled “The Money Talk You Must Have” (November, 2013) written by Jessica Anderson.  In this article, she discusses the fact that, as you age, and your children age, it is important to discuss the issues of inheritance, estate planning and long-term care.  I most definitely agree.  I am amazed by the number of clients who are very secretive with their children about what assets they have and what kind of planning they have done (or not done).  The number one reason parents do not want to discuss their estate planning with their adult children is because they do not want their children counting on a huge inheritance.

Why is this such a scary conversation to have?  I guess I could understand if you do not have someone you could trust to handle financial decisions, but most clients that come to see me DO trust their kids.  So what is stopping them from having the conversation?

Your Finances and Your Children

Ms. Anderson cites a 2012 Fidelity study that shows the number one reason parents do not want to discuss their estate planning with their adult children is because they do not want their children counting on a huge inheritance.  I always tell my clients they should spend it all and enjoy it while they can, and hopefully, they bounce the check to the funeral home on the way out (just kidding)!  Personally, I believe that people do not want to have these discussions with their children for the same reason they put off having their estate planning done in the first place – because they do not want to think about their mortality.  Who does?

The fact of the matter is that, the more informed your children are, the easier you will make it on them when you are no longer around.  While I can certainly understand the need for privacy, it is important for your adult children (or whomever you are appointing to make financial decisions for you) to know where the important documents are kept (even if you do not want them to know what is in those important documents).  They should know that you have actually taken the time to do a Last Will and Testament, a Durable Power of Attorney and a Living Will/Health Care surrogate designation (the Big 3 as I call it).  And hopefully, you think to do these while you are still young and healthy and there is no disputing that you have the ability to make these decisions.

And just think what a good example you will be setting for your kids!

For over 20 years, Laurie Ohall has been serving the legal needs of Tampa Bay area families. Ms. Ohall is a Florida Board Certified Elder Law Attorney, and is also licensed in the state of Ohio.  It is her mission in the practice of law to protect, honor and educate her clients.  She advocates on behalf of her clients in the areas of Medicaid Reform and resident’s rights (in ALFs and nursing homes). She also provides clients with comprehensive estate planning including wills, trusts, and advanced healthcare directives, and gives Tampa area seniors and their children piece of mind as they navigate Florida Elder Laws. Her blog is updated regularly to educate Florida residents about the laws affecting seniors, estate planning and probate.

(813) 438-8503   1127 Nikki View Drive,  Brandon FL 33511

Meet Carmen:

I’ve been in radio over 15 years. It all started at Q105 in Tampa with the Cooper & Ritter Morning Show.  My degree is actually in Public Relations, but when God called me to “the public” – I never knew it would be so . . . well, public. I love all genres of music, but have found my home in CCM (contemporary Christian music).  I live my life on the air much to the chagrin of my family. Just kidding! They’re totally supportive.

I love a good cup of coffee (Starbucks Cafe’ Americano) along with good, meanigful conversation with a friend. It may also be surprising to some, that I require a lot of solitude! On those days, you can find me with a good book, my laptop, or my bible study. Of course, a cup of coffee is nearby on those days too!  And YES! I LOVE football, and my favorite afternoons are spent sitting with my family watching as many games as we can surf and find.

Life:

It’s my last morning on the beach. Everybody has gone home. My girlfriends back to Nashville. My family back to basketball practice and jobs.

I went for a run yesterday afternoon on the beach. As I was jogging (running would be an exaggeration!) along the shoreline, I glanced out at the ocean as far as my eye could see….and then I’d glance back down as a few waves here and there would run up over my feet. Half laughing/half shaking my head, I said, “God, you really did tell the ocean to stop right here.”

Think about that for a minute. The God of the universe not only told the water where to stop, but He’s also the author of every single heavenly light in the sky, too. The sun. The sunset. The stars.

And yet He knows every single thing about us.

Reflecting over the many conversations I’d had with my girlfriends the last few days….all being at different stages and places in life…one common theme prevailed: He truly does work it all for our good. He can be trusted. He is merciful. He gives good and perfect gifts.  And He knows exactly how it’s all gonna work out.

I am grateful my friends have chosen wiser and have done/and are doing things the right way. I am grateful for the influence they are over my daughters!  I will confess at times, I have regret. I wish there was a do-over button I could push. I wish I had known better. I wish, I wish, I wish….

BUT….on the beach yesterday, I was reminded that every good and perfect gift comes from the Lord. I think sometimes we get the good part. But we don’t necessarily get the perfect part. Beth Moore says it this way: “His perfect gifts are perfecting us.” I needed (and still need) a lot of perfecting!! With age comes wisdom, and I can look back over my life and see how even in the middle of the hardest and darkest times – some of my own doing. some not – He was still there. Beth Moore says this about her own life. I can identify.

I can look at my life in retrospect and see how several of those things morphed into gifts. I am convinced that desperation became a gift to me because if saved me from a life of medicroity. Gray wasn’t an option for someone as self-destructive as I was. Looming disappointment from some key people in my life also turned into a gift. I couldn’t get anybody to mend or tend to my tattered soul the way I craved. A lifetime of snuggling up to folks with scissor-hands scars you, but those scars become a road map that leads straight to Jesus. There He becomes the uncontested love of your life and the unexpected fountainhead of cleaner affection for others. Every gap in your life makes room for the Lover of your soul. God uses time to unwrap presents that appear as curses. 

Gratefully, God has been merciful on my memory. He truly has turned ashes to beauty. He sees me very differently than how the enemy of my soul wants me to see myself. God did not come to condemn us. He came to give us life. And that we live it fully.

One of the good and perfect gifts God has given me is to allow me to do life with you. Tears fill my eyes each time I think about what an absolute privilege it is I get to do this journey with so many of you.  I almost can’t stand it! I love our community so much. I love the honesty and realness we share. I love that our eye is on the prize …. Heaven awaits! We may crossover bruised, battered, blistered, and broken. BUT…we will cross the finish line!

I have to pack up now, but I want to leave you with this….no matter what you’ve done, or where you are in life, or how you view yourself, you are NOT too far gone from God’s saving power. He loves you, He wants you, and you – yes, YOU! – are His most prized possession. Listen to Him. Choose to believe Him. Accept Him. Let His love, grace, mercy, and forgiveness wash over you. Accept His good and perfect gift….Jesus.