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My 99-year-old mother has lived with my husband and me for 7 years now. I retired at age 65 so I could take care of her since her Alzheimer's had reached the point she could no longer be left alone. I deduct $300 per month from her checking account to cover her expenses--food, diapers, clothes, piddle pads on bed, Christmas gifts, etc. Am I allowed to charge her 1/3rd of our home owner's insurance, electric and water bill, property taxes, xfinity and cable television etc. since our home is now her home, too? (She sold her house when she moved in with us.)

I feel it's fine how you are doing this...if you don't think your mom will ever need Medicaid and don't have any siblings that will create a problem. Both my sister and then I got a set monthly amount (approved by POA) when my mom lived with first my sister and then me. This was to cover increased household expenses (heat, water, food) and I also used it for her medications, clothes, and personal care items. There was no concern that she would need to apply for Medicaid. I have 8 siblings and we are not close but luckily no one seemed to care enough to question anything. Caregiving is time consuming and challenging enough without adding in lawyers, contracts and tax concerns.
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Reply to gnyg58
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I wouldn’t classify that as your income - it’s your mothers - the extra heat an old person needs in all the time -they’re food supplies - hygiene supplies - special food and drinks she needs/ clothing - replacement spiked damaged sheets and clothing - get where I’m coming from ?
I may be wrong but I wouldn’t classify that as your income
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Reply to Jenny10
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Sorry, I just re-read this question,
"Do I have to declare the income?" that you are taking from your mother.
Now, I sense this is more of an income tax reporting question.
If it is paying for her expenses, including her share of housing expenses, like a roommate, I don't think you have to consider that income. You aren't really gaining more income from her contribution to household expenses, and using her money to buy her items is not income for you. It's like if I gave my debit card to a friend to go shopping for me, because I can't go to the store. And, sharing equally in the heating and cooling of the house is just what responsible adults sharing a household do.
I would still document everything and save receipts, so that later down the line if anyone has reason to question how you were using her funds, to show you were not taking money from her, which could be considered financial abuse of an elder.
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Reply to CaringWifeAZ
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I would suggest having a contractual agreement written up, even if it is informal, however, your mother with Alzheimer's is in no position to agree to a contract.

Does anyone have POA for your mother's finances? Is it you? The POA could agree to reasonable costs associated with her care, including payments to a caregiver (you). If you have POA, you need to document all expenses and have a clear paper trail of how her money is being spent.
What happens to her checking account, and any other assets when she dies?
At 99, with Alzheimer's, I don't imagine she has many years left. It doesn't sound like she will ever need to apply for Medicaid assistance. And if her money goes to you when she dies, and no other family members will contest this, I don't think it really matters at this point how you spend her money, as long as you are making sure her needs are met.
If someone else has POA, then make a written agreement with them to charge mom rent or 1/3rd of housing expenses, and payment for you as caregiver.
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Reply to CaringWifeAZ
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If you set this up properly with a caregiver contract you won't have to worry about proving where her money went should she ever need to apply for medicaid.
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Reply to cwillie
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Since this crosses tax + elder law + possible future Medicaid look-back issues, this is one of those times where a CPA or elder-law attorney in your state is really worth it. One hour of advice could save a giant mess later. At the end of the day you need to have a very clear and exact paper trail and not make any profit from what you are charging her. You are getting reimbursed dollar-for-dollar for her expenses, not charging her for caregiving (which would be considered income to you).

My Mom lives in a house that we own. I print out a detailed, itemized invoice that shows things like utilities, prop taxes, rental insurance, maintenance (like yard services), cable, a small food cost contribution, etc. I recalc this invoice at the beginning of every year and the invoice doesn't change unless there's some bigger unexpected cost that is hers to cover. These rules can vary by state so it is best to talk to a professional who practices in your home state.
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Reply to Geaton777
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You needed to draft a caregiver agreement when mom sold her home and moved in, that’s the best way to have your legal ducks in a row. Since that didn’t happen and her Alzheimer’s is more advanced now, making her unable to participate in making a document, it’s best to get legal advice
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Reply to Daughterof1930
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Consult an attorney and CPA.
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Reply to JustAnon
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