My sister & I have been co caretakers for my mom & stepdad for years. My stepdad recently passed away. My brother who has always lived out of state has offered to take mom. "He is retired & has nothing but time" Mom pays her own way. He has no financial out of pocket for her needs. Initially he asked for $20,000.00 to prepare his home to better take care of Mom. I sent it. He also asked for her car. I gave it to him. However he is now insisting Mom pay him monthly for his inconvenience. Mom is happy there. My sister & I both work so it's made our lives easier. We took care of Mom because she's our Mom & never did we ask for payment to do so. He's had her for 6 weeks. We feel financial gain was his intention all along. I welcome any thought on this.
Worth considering?
So I am inclined to think your brother should expect some room-and-board payment. (This has nothing to do with what you and your sister did not charge. That was your decision.)
I really feel uncomfortable with the way this all came about. Brother doesn't seem to have been playing straight-forward with all of you. BUT it seems to be the best situation for all concerned, and he is entitled to some compensation. So I hope you can work it out.
And when you do work it out GET IT IN WRITING. Get an attorney who specializes in Elder Law involved with the most advantageous way to arrange things.
In your shoes what I would do under the current circumstances is figure out how much it used to cost your mother to live at home, then use that amount as a base. Deduct what the costs are for keeping her old home. These will be a lot with insurance, taxes, etc. Then the remainder would go to him to pay for everything for your mother. I have a feeling that the $500 he is getting is generous, especially since groceries and other things are put on the credit card. What you are doing sounds right to me.
My sister & I do have our own homes separate from mom. I live 35 miles away & my sister lives near mom. Following our stepdad's death in Aug 2014 I moved my office into mom's house. I stayed & worked from there during the week. My sister babysits during the week. She would take weekends & I would go home. It was 24/7 for her & I.
Ok.....back to my brother. He always lived out of state. He would call mom on Sunday's & maybe a yearly visit. He just wasn't around.
Mom is 79 & he is the oldest age 60. He lives with his fiancé in a small but comfortable home. His fiancé works full time. He is retired. He borrowed the 20K from mom to pay off credit cards & a 401K loan in preparation to buy a larger home. He has no family close to him. (He always said that's how he liked it.) Mom is in very good health other than her memory issues & discussion making faculties. She does require supervision. She sleeps well at night & takes naps daily. It was his decision to take mom & in his words "he has nothing but time."
I will tell you that mom loves being with him. He has always been her favorite. He is excellent with her. He has had her for 6 weeks. It has been very nice to be able to have ours lives back. We still have moms house of course so I pay bills & make sure all is ok there.
Do I now think that his motive was to use Mom as additional income? Yes. It has only been 6 weeks but we've been in an ongoing discussion about money. He states he will pay the 20k back when he sells the house they live in now. After moms bills are paid out of her SS, I load $500 onto a debit card. That would have been 5/1 & 6/1. The money is taken almost immediately. He also has her credit card but does not feel we should monitor it. Somethings have had to be questioned. I will not question groceries or salon visits. Other charges we will & he doesn't feel we should. In his words very frankly he does not want to discuss what we have done in the past for our parents. He now says he wants $1500 in cash monthly. He will return the credit card.
Also as I mentioned before we let him take moms car. She doesn't drive but she loves her Prius & he didn't have a car. The car is in her name & she does pay the insurance.
I feel I'm rambling now. I very much appreciate all of the comments. I hope I've added more insight into this situation. And yes....I'm happy Mom's happy. I just feel he is taking advantage of the situation.
Things change. I'm more inclined to go with the he planned this group.....
So what to do, to get all finances back to a new starting point you could do either:
Ask bro if the 20k is to be considered a loan, a gift or for housing accessibility items OR for caregiving. And that if a Loan, then you'll need his signature on paperwork to that effect that is actuarialy sound based on moms age (this yiu need otherwise Medicaid will say it's gifting); OR gifting & send him a letter stating that if mom needs to apply for Medicaid in thenext 5 years that this 20k will make her ineligible so he will be responsible to private pay; or fir repairs renovation then with receipts; OR if for caregiving that it will be reported to iRS.
If he balks at any of this, you can as DPOA issue him w-2 on it to IRS along with a noncompliance statement (that he would not do w-9 & I-9).
I know this sounds all nuclear options but if he runs out of caregiving ability or interest and mom runs out of $, you & Sissy will be scrambling to private pay for mom's care. Someone who got 20k and asking for more now when things are still pretty simple with mom, well probably can't be counted on when it gets tough. One good fall and the world changes & Hello Medicaid!
Imho unless they have a solid 400/500K in assets, or are generationally wealthy,, they are likely to run out of $ to private pay for care if they live long enough. And mom will need Medicaid.
If you decide to pay him for mom's are, you must call it salary, pay the employer portion of Social Security and give him a W2 at the end of the year.
This is not to be done lightly. You should most definitely consult an elder law attorney.
How old is your Mom and how old is your brother? Is your brother married with grown children? Does your Mom have any aged related health issues such as memory issues, or mobile issues? Or is she still active, still driving, and totally taking care of herself?
As others has quizzed, what was the $20k used for? A new walk-in shower? Or other safety measures?
You mentioned that your brother is retired, were the words "nothing but time" your words or his? Some people who are retired are busier than back when they were working. I never could reach my parents when they first retired, they were on the go constantly.
Someone asked if it was for ramps for your mom or another bathroom, you didn't answer.
Who hands over 20K and doesn't ask questions?
But unless you come back and give more specific information no one can help you here. Some are trying to guess, but unless you're more concrete no one can advise.
"He is retired & has nothing but time", then that he asked for monthly funds "for his inconvenience." Do you see a contradiction and inconsistency here? Lots of time but he's inconvenienced? How so? And didn't he volunteer in the first place?
I don't like to be the lone suspicious person, but that was my gut reaction as I read and reread your post. This was planned and he gradually worked up to requesting the monthly payment.
The other important issue though is that your mother is happy. So I think the question is how to balance his desire for money vs. the fact that your mother is happy (so far).
Has he suggested a monthly amount? I'm assuming the $20K came from her funds, and that you either have a DPOA or joint account. Have you discussed this with your mother, and if so, how does she feel about his request for payment. Is he single or are there others in the household?
Somehow I can't help think that (a) he had this planned all along, and (b) if he doesn't get paid, your mother will bear the brunt of it in changed treatment.
I do think, however, that you're entitled to know specifically how the $20 was spent. I can think of about $5k to remodel the bathroom, another few K for a ramp, if that's necessary, and generously guessing another $1k or so for an extensive network of grab bars.
I don't think it's unreasonable to ask him to document the $20K and see what his reaction is. It's also interesting that he got this up front, before hitting on you for the monthly stipend. If he doesn't get the latter, he still got the $20K.
The biggest question is if the amount of money your brother is requesting seems reasonable -- like the amount of money it would cost to help with household expenses. You and your sister may not have charged, but that doesn't mean no one should ever ask your mother to pay something. Besides, we don't know if she lived with you or not, so hard to compare.
You said that she pays her own way. So, she is paying room and board and now he wants paid for his hands on care of her?
That payment would have to be minimal at best. I am all for getting paid, but that doesn't seem to be the deal when this started. Your mother needs a legal contract with him, now.