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I have read that if your parent moves in with you and lives free, SS and Medicare could be effected. My mom wants to pay living expenses since she has been paying for rent while living alone. She will be moving in with me and my husband. We are going to consult an elder affairs attorney so she and I are protected. I have read that if you receive "rent" it is considered taxable income. Can anyone comment on this?

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Karen, you would not charge her rent, you would do a share of costs. Meaning: she would pay 1/3rd of house expenses, utilities, mortgage including taxes and insurance, shared grocery expenses, like paper towels, TP, napkins, butter, any shared meals, you get the idea. Then she would pay for anything that she specifically needs personally, like incontinence briefs, medication, personal care products, her phone, her medical insurance, etc. This is not income to you.

Ss and Medicare don't look at where you live or who you live with, what money they have etc. SS is an earned benefit based on work history and Medicare is health insurance earned through the same.

Medicaid is public assistance and THEY WILL look at how her money was spent if she asks for assistance. They don't expect people to live on air, they know we all have monthly expenses of living. They are looking for people that give away all their assets so the taxpayers can pay the bills. They will disqualify someone for coverage if that happens.

A certified elder law attorney will be able to guide you on your specific situation.
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AlvaDeer Jan 2023
Great info
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Good that your seeing a lawyer. You will need a signed agreement for Medicaid purposes if Mom ever needs it.

I would say, if you really don't want the money, put it in a separate banking account. Then if Mom ever needs any care, like an aide, she has the money. I did this with my daughter when I babysat her son. She could well afford to pay me so I let her. (Had a hard time saving) I put the money in a separate savings account. Five years later she wanted to take son to Universal but needed to save the money. I told her no she didn't...we all went and had a great time.
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KarenCap Jan 2023
That is wonderful of you. We could use some of the money but not all. I was planning on doing what you did and put it aside for when she needs more care than what she can afford.
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I moved my mom in with me from 2018 to 2020. I asked an elder attorney about mom paying rent to me. This is what he told me...
Have mom sign a rental agreement. Have a realtor come into my house and assess the space she uses. Get a letter on his letterhead stating what the fair market rental value would be. Set up a separate checking account just in my name just for that money. In moms case $875. Every month this amount was transferred from her account to my account. After about 1.5 years There was $14,000 in that account. When it came time to apply for Medicaid..I sent Medicaid a copy of the rental agreement. A copy of the Fair Market Value letter from the realtor. And of course her bank statements showed where the money was transferred. It was perfectly acceptable to Medicaid. They never questioned any of it. And now she is in a nursing home...the elder attorney also advised me to be sure to be able to self pay the nursing home for several months. That way you can pick the nursing home. Otherwise good luck in getting her into a good one . She self payed for 3 months. Then ran out of money .she was allowed to stay while it took 5 months for her to be approved. But when she was approved Medicaid back payed the nursing home for those 5 months. It was $9,000 a month.
But anyway the account with $14,000 is still there and I have not touched it. I feel good that if she needs anything I have that money to spend on her . It was a very smart move that I am very grateful that the elder attorney told me about .
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Wilson32 Feb 2023
Was the $875 considered income to you? Thanks in advance.
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Just a little add, if you charge rent get a receipt book. You will need the receipts for tax purposes and make a file just for her and place ALL receipts in it. My sister had a rental on her property and she saved everything. Trust me it will save time in the end.
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TouchMatters Feb 2023
In other words, keep everything ... write everything down ... document everything.
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Great info below, I just want to add make sure you do not comingle funds or bank accounts. Mom can add you to her bank account so you can access it if needed, but make sure you don't comingle her money with yours.
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KarenCap Jan 2023
Thank you. I have been listed on her checking account and would make sure she keeps her funds separately. I want everything to be transparent to anyone who inquires especially my siblings.
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Thank you so much for the quick responses. This has helped me immensely. I have a call into an attorney to ask for advice in properly accounting for her contribution while living with us. I am so happy I am in a position to have her live with us and give her better quality of life.
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Medicare and Social Security benefits are not affected by where a person lives.
Social Security is based on what a person earned during their working life or what their spouse did if they were married for long enough and if their spouse's is more than theirs.
Medicare is Medicare. It pays for what it pays for regardless of where a person lives.
Rent is considered income. Your mother paying you rent is the same as if you rented the space to a tenant or a boarder. Usually if they're paying under a certain amount you don't have to claim it.
Your mother won't get any more money or benefits if she's paying rent to you. She won't get any less either.
If you're her POA keep her money separate from yours. Now, charging her for caregiving service (if she need it) is a whole other story. In some states like Connecticut, a family caregiver can get paid and is tax-free income. It does not put the caregiver's household in a different income bracket and if they are on social security or even Medicaid, and even food stamps it does not interfere with their benefit status.
All of this can be found out for sure by whatever lawyer you're going to.
You are very wise to be asking questions though. Especially if you're going to be dealing with siblings.
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[Most] Advice here is based on personal experience and research. However, be careful with blanket statements people make. While others' experience is well-intended and certainly potentially helpful to you, you need to know the specific legal ramifications of your specific situation. There may be 'twists and turns' that you need to know about ... so smart of you to consult with an attorney. These things can be complicated with the hierarchical ladder of bureaucracy. Let us know what your attorney tells you. It could help many in this / similar situation.

Gena / Touch Matters
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KarenCap Feb 2023
I will. I have a consultation mid April when we all move in together.
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Social Security and Medicare have nothing to do with whether you pay rent or not. It seems like you are confusing the two with Medicaid. Medicaid is a joint federal and state program that helps cover medical costs for people with limited income and resources. Medicare is a federal health insurance program administered by the federal government for people 65 years old and older. Social Security is a federal program that provides retirement benefits and disability income to qualified people and their spouses, children, and survivors. In other words, if you worked legally in the USA you will start to receive Medicare at 65 years old, and you will receive Social Security benefits upon your full retirement age or in certain circumstances you can take early retirement benefits and also you can collect Social Security if you become permanently disabled.

You said that your mother is receiving Social Security and Medicare which indicate that she earned these from years of working. In order for her to qualify for Medicaid, if she makes too much money above Medicaid income guidelines she might not qualify for Medicaid benefits, but it’s worthwhile looking into this if you are interested in getting her on Medicaid.
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Daphne131 Feb 2023
Poster didn’t ask about “Medicaid” which is only for poverty level. Also, you are incorrect. Kindly verify your answers if you are not an expert before giving false info.

Medicare does in fact pay a portion of housing if the person was deemed by a doctor to be “disabled”.

if a person is disabled the are seen by govt and Medicare system to need MEDICAL related expenses paid for for thst disability. If doctor certified the patient is disabled to point unable to care for themselves or needs one story gone or similar, then a portion of housing needs are in fact needed for medical care. Then Medicare pays a potion.

For example, there are millions in Medicare facilities or non-Medicare facilities thst accept Medicare for housing costs to accomodate medical needs.

Also, Federal Medicare does pay for family to care for own family at home. This is because there is not enough Medicare facilities.

If a person’s medical issues make it so they cannot see, cannot walk up steps in two story home, cannot care for themselves alone, you can be paid even to care for your own parent. There is a maximum payout and you are paid less then in-home care or memory or assisted or long term care charges. Look it up under Federal govt. It is to help accomodate all the baby boomers out there as there is not ample places for them to go to be cared for. Income is not a requirement. It’s based in the caregivers time for specific medical type care in the home. It is considered income for tax purposes as you are paid by Federal Govt.

Ask your local Senior aging office or look up Federal money for being paid to care for your parent at home.
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KarenCap: I am glad that you are retaining an elder law attorney, who will be able to expertly respond to your queries.
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