Im in tears- DPOA for my Granny and also caregiver w/compensation. We've an agreement for years. My POA's and contract with my Grandmother are very specific. As for what my abilities are, for what specific powers she to granted me and also for compensations or reimbursements etc Granny and I both felt before, during and after the contracts being signed that things were fine and also they were legal. Now after 4 years of having POA Ive giving up my home, moved to where I could take care of my Granny, I then supervised her in home caregivers and I worked for her personally as a caregiver and for duties as POA. After the in home care couldn't be afforded I placed her in a seemingly very nice assisted living. Started cleaning, more repairing than ever thought needed and am clearing out her home and put it up for sale. Ive killed myself caring for her and taking care of her MANY affairs, and so have my fiancé and many of our friends. Now Im being accused of stealing her $ and or misusing it. Im between fury and tears. How the heck do these people think things get paid for and things get done?? Anyone else would have charged her much much more than me, my fiancé and anyone else who's been paid for doing all of it. Its called services rendered. We don't have the usual everyday poa or caregiver contract. All the things they say im doing wrong Im not. They are in black and white , agreed on and signed together yeeeears ago. Example: I paid 3 workers for helping with cleaning, repairs, mowing, moving items, hauling it all to storage etc, bought blinds/curtains, rented carpet cleaner and cleaning supplies, bought granny some clothes, snacks/food and her hair to get done and paid for it all out of my pocket cash, and kept a tally/documentation of it, then I reimbursed myself for that later on, with her $. How can that be stealing or misusing it?? HEEELLLP!!
If another family member was proxy under the Living Will, there might possibly be disagreement at such time as it needed to be used. Then that family member could address your caregiving and challenge what you've done, in addition to what you've been paid.
You say that no family member would ever try to cause trouble. That's great! But if you read some other posts, you'll find that this frequently can be the case, so I was just trying to think ahead for options that you might need to address.
I didn't see your post before I posted my other question. First, thank you very much for taking the time to answer. Second, I am not sure what you mean in your 3rd paragraph about proxy/DPOA. So maybe I do need a lawyer. I do know that it is just me and my sister and she is 100% in agreement and has written a letter to say so. There would never be any family trying to cause trouble for me in any way, ever. The only thing I'm worried about is the Medicaid compliance issue....whether they will give me trouble should I need to apply for mom to get into a nursing home. I'm hoping what I'm doing as far as the EIN/claiming on taxes is enough and I don't have to bother with seeing a lawyer.
This is Akaheba -- Do you know if what I'm doing as far as claiming what mom pays me as wages on my tax return and mom using the EIN# to report is what I need to do to be MediCaid compliant if mom ever needs a nursing home? I am her POA as well as have a caregiver's agreement. Her income is almost, but not quite, enough to pay for a nursing home that accepts patients with dementia (about 500 short) so we'd have to apply for Medicaid for help. Just don't want to run into any problems like the above poster....being accused of misusing funds and then not being able to get her into a nursing home if she needs one. TIA
As to your situation, it seems to me you've got all the bases covered, but just clarify a few issues:
When you say that you're POA and have a caregiving contract, are you saying that you're named as proxy in a DPOA, but that the contract covers both legal, financial and caregiving responsibilities? Has your mother also executed a Living Will/Advanced Directive? If not, she should.
Is the contract witnessed by at least 2 parties, contains an acknowledgement that your mother executed the same of her own free act and deed (there's more to an acknowledgment but basically that's the jist of it), and is notarized by a notary with a valid commission (not having expired)?
Are there any other heirs beside you and your sister? If so, that probably would be where any challenge could arise.
But if you're concerned about Medicaid, it seems like you've taken the right steps although I'm not as knowledgeable about Medicaid as others here.
You're wise to address these issues now.
If these are relatives harassing you, which is quite common, find a lawyer to send them a "cease and desist" letter to get them off your back. Basically the letter will tell them to stop accusations or be sued for defamation. It works.
The EPS gave my bro the reins and now D can't see my Dad at all because she is accused of elder abuse. I think my bro did the right thing. He has plenty of money himself and wouldn't try to swindle our father. He has a lawyer and has done all the legal things right.
Dad has dementia now and we are getting him to assisted living this weekend hoping he'll calm down and have some happy times left.
Moral of story: if you don't bother to document things and have a lawyer you can encounter trouble. D didn't even bother to learn the laws.
If your agreement with your granny was a legal document, that should be very helpful in proving your cause. We can hope that they - whoever they are - are just blustering now that Granny's house will go up for sale. They need to know that the money from the house will go to Granny's care.
Keep time sheets and receipts for everything.
Good luck. Please update us when you can.
Carol
Is your Grandmother paying from her own funds for Assisted Living, or is she in a nursing home with Medicaid paying for her care?