Should the Family Member/Caregiver get Paid?

by Guest on September 8, 2010

Veterans Relying on Family Members as Caregivers

While the Western Culture is not known for “taking care of their own” like other cultures, family members in America do provide a lot of care to their elderly spouses, parents, and siblings.  During difficult economic times, it is more likely that adult children will elect to personally take care of a parent rather than place the parent into an assisted living facility or nursing home.  The question, “Should the family member get paid?” for providing such care is something each family should consider.

Family members may think, “I would never charge my father to take care of him.”  Others may feel like their siblings will think they are taking advantage of the situation if they charge.

Bottom line is:  the caregiver, whether a family member or not, is providing a very necessary service and that service has value.  If a family member did not provide the service, then others would have to be hired and paid anyway.  The elderly person is already comfortable with the family member and the family member can certainly discount the rate.

FOR WARTIME VETERANS it is actually better to pay the family member.  In order to qualify for the VA non-service connected disability pension (with aid and attendance), a veteran must spend down his income on recurring, non-reimbursable medical expenses.  Assuming the veteran is blind, living in a nursing home, is in need of another person to assist with the activities of daily living (walking, bathing, dressing, toileting, transferring, eating, or administration of medication), or if the veteran is just not safe in his environment due to cognitive disorder (for example Alzheimer’s Disease), then the amount paid to the family caregiver is a permissible deductible expense which will aid in the veteran becoming eligible for tax free income from the VA.

A paid family member excludes the spouse, but can be any other family member.

There are, however, 3 very important “cautionary notes” about paying family caregivers that you should know:

  • Income paid to the family member is taxable income that is reportable to the IRS.
  • If the veteran is only rated as “housebound” level of care and not in need of “aid and attendance” then the payments are NOT deductable medical expenses unless the caregiver is a professional medical provider or under the direct supervision of the treating physician.
  • The family caregiver should be paid at the fair market rate for such services, or less, but not more.

For more information about this topic and other “secret” Veteran’s Benefits Tips, you can purchase the 47 Secret Veterans’ Benefits for Seniors: Benefits You have EARNED…but Don’t Know About from www.Amazon.com or http://www.elderlawgeorgia.com/.

Victoria L. Collier is an Elder Care Attorney, Author, and Educator on Veterans Benefits.  She served in the United States Air Force from 1989-1995, during Desert Storm and was a 1st Lieutenant in the Army Reserves from 2001-2004, JAG Corps.  Victoria’s law practice, The Elder & Disability Law Firm of Victoria L. Collier, is in Atlanta, Georgia, but she mentors attorneys nationwide.  She is a regular contributor to AgeWiseLiving Blog.

Blog in next month when Victoria will discuss who qualifies for an extra $1,949 per month in tax free income from the VA.  You can also go to the AgeWiseLiving website for additional information now.

{ 6 comments… read them below or add one }

Eva Robinson September 8, 2010 at 3:49 pm

Ok, but what about the same question posed to NON-Veterans? Do they get a paid family caretaker via SSI?
This is an important question for me…

Victoria Collier September 15, 2010 at 12:11 pm

Hi Eva,

SSI is a payment to an individual who is aged, blind or disabled and who meets certain income/asset requirements. The income requirements are based on income received, not on permissible medical deductions. Thus, hiring a family member to take care of them and trying to increase SSI payments is not a viable option. SSI is capped. There are certain Medicaid waiver programs that do allow permissible medical deductions, but Medicaid is state specific and these waivered programs differ from state to state.

Hope that information is helpful for you!

Lisa Courtney December 20, 2010 at 2:36 pm

My husbands parents live with us. My father-in-law is retired military. My mother-in-law had a stroke in november. She came home and now I care for her. I have to bath,change,feed her. People keep telling me that I can get paid to care for her but I don’t know where to go. Can you please help me with this.

Barbara E. Friesner December 29, 2010 at 12:48 pm

Lisa, the best place to find information about the Aid & Attendance Pension Benefit that is offered by the VA is to visit http://veteranaid.org. You will find a wealth of information there and you can also participate in the forums as well.

I wish you and your family a happy and healthy 2011.

Barbara

Irma Taylor March 4, 2011 at 9:49 pm

My mother is the surviving spouse of my dad who passed away in 2010. My question is, can I be compensated to take care of my mother, who I have to cook for, clean for, bathe, and take to her doctors appointments. I had to quit my job in order to care for her, because of her disabilities and declining health.

Barbara E. Friesner March 14, 2011 at 7:25 pm

Irma,

Thank you for taking the time to visit our blog and leave your comment. I’m very sorry to hear about your current situation regarding your mother and father. I did consult with Elder Law Attorney, Leanna Hamill, and she was kind enough to offer the following helpful advice:

“This is a really a situation where the family should seek the advice of an elder law attorney in their state before starting any kind of payment.
There are cases where paying a family member for care is appropriate, but the family needs to be mindful of possibly needing Medicaid in the future to pay for nursing home care. Transfers between family members are scrutinized much more closely than payments to a third party for services.
An attorney can help the family avoid the unintended consequences of setting up the arrangement improperly.
Some additional issues that are usually explored are the income tax considerations for the child, Worker’s Comp and other insurances in case something happens to the child while providing the care, and making sure that the proper foundation is put in place to take advantage of any benefits that may be available to a child who is providing care-giving services to a parent.”

I hope you find this information useful, Irma. I send you and your family my warmest thoughts and regards.

Barbara

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