Live in another state and making the trip once a month to take care of a mother-in-law who doesn't want to go to a nursing home.
We are considering making the trip to stay with her every other month. We have another Mother in the state we live in that's in a nursing home. We live from paycheck to paycheck and this would turn our lives upside down. Would it be legally wrong to ask to be paid the money she could be paying for a home nurse?
It's what she wants & it's turning our lives upside down.
Family caregivers who get paid are very rare. Each state sets their own rules for this, but the most likely way to get paid would be from her own funds. You’d need an attorney to setup a Caregiver Agreement for tax and estate purposes. Depending on the Agreement and her financial position, you probably would get less than what you’re getting now.
Do not enter into a situation or agreement you (both) are not 100% in favor of. MIL may not want to go to a facility, but she may have to. It sounds like these trips will cause you much stress. Be careful.
Being reimbursed for your travel costs is one of them.
The second one is that your lives are being turned upside down. This is more concerning to me.
The third one is that if your mil is at the point of needing nursing home care, she should not be living on her own at all. How are you taking care of her on your visits?
You have not filled out your profile, so we do not know what issues your mil needs help with.
You are not obligated to do anything for you mil. If she does not want to move into some sort of care facility, then it is up to her to cover the costs of in home care.
I would be careful in setting up a caregiving contract that may be difficult for you to renegotiate in the future. If the current situation is causing you stress, being paid or at a minimum having your costs covered is not really going to reduce the stress it is putting on your family.
I would think that at a minimum, your MIL should pay for gas, tolls, your meals on the road, and any other direct travel expenses. As for your time --- I guess I have mixed feelings. My first impulse is to say, yes, you should charge at the same rate as a hired professional caregiver --- but I would like to hear what other, wiser caregivers on this forum have to say about that. If I were in your place, I probably wouldn't charge for my time unless I was taking time off from work and losing wages because of the trip. But that's just me.
I hope you get some helpful answers.
I am paid for what I do for my mother (now in a nursing home). I will very shortly be paid back-pay for the 2 years I was her "dummy daughter driver." By being her local child, I was able to save everyone at least one year's (and probably closer to two) worth of assisted living expenses. (My mother has excellent LTC insurance, but it will not pay for assisted living, only for a SNF.) My mother was difficult and didn't appreciate all the time she took up. She also told me my time was worthless. She did give me her car (Blue Book value $3K two years ago), but never any money for gas.
She was hospitalized in October, went from there to a rehab, and is now in a nursing home.
The back-pay for those 2 years will be a "gift" to me. If my mother had had other help, she would have had to use an agency to show need to her LTC insurance company. Plus, she didn't have the necessary liability insurance. That rate is higher than a freelance caregiver. No taxes were taken out, as this was a gift. She will never qualify for Medicaid, so no caregiving contract needed.
We are now waiting for her LTC claim to be approved and paid. 30-day exclusion, then ~$7K/month for 7 years will be paid to her. (She can cover the rest with her SS and very small state pension.) Since she's 92.5 and they are now trying to get us to agree to put her on comfort care, she isn't going to last for 7 years.
She has deteriorated a lot in the past four months. The only ADL she can do without assistance is eating. She is now considered to be mentally incompetent. Prior to that she could do everything without assistance (she only bathed 1x/week and did many things very slowly, but she did them). She refused any in-home help, of course. (She lived alone in a 1-story condo.)
If any of my brothers thought I was wrong to be paid, they haven't said so. (One SIL made sure I knew that SHE wouldn't charge for HER mother -- good for her, but her opinion doesn't matter.) My brothers knew that if they didn't agree to pay me, THEY would then be doing the caregiving (or paying long-distance to hire/supervise pay an agency to do it). They all knew what my mother was like -- I sent them emails all the time and witnessed increasingly more of it whenever they would visit. And interestingly enough, they came up with the same dollar amount/hour that I came up with for my pay.
I know there are people that thought I should have moved my mother in with me. And I suppose many people are appalled that I am not her free caregiver. But I have three brothers who were expected to do absolutely NOTHING. She told me that "you don't pay family." Well, you also don't expect one family member to do it all and act unappreciative and tell them their time is worth nothing.
Two of my brothers are on my mother's trust accounts now (one doesn't want to deal with it, so he's really just backup). The brother who handles my mother's money is trustworthy. My mother has no idea that I am now being paid. And she never will. She was so adamant that her trust be split four ways when she died. And so it will be. I'm getting my pay before the trust is settled.
But. I'm assuming you meant you're thinking of upping the frequency from once a month to once every other week? But even so.
If your MIL *really* needs the level of care that would make her eligible for admission to a nursing home, then visits every other weekend will not cut it. It's not enough. And even if you can manage like that for the time being, before long it will become obviously inadequate.
So travel expenses aside, and other caregiving commitments aside, and the fact that you're both working flat out aside, your MIL needs to rethink her care plan. I just don't see how you and your husband* can be it.
Would she, just thinking aloud, consider moving to a facility near you? Then you could visit her far more frequently and she would still have comprehensive support.
* PS oops my bad. You and your husband or wife, I should've said - apologies for the automatic assumption.
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