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TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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My mom-in-law is in her 80s and needs lots of help. We cannot

Resolved Question:

My mom-in-law is in her 80's and needs lots of help. We cannot afford a full-time home health care person to care for her. Isn't there something the government (local, state or otherwise) who offers financial aid for seniors? On a related note, I currently work full-time but wonder about filing something showing that I need to care for my mom-in-law full-time, need to quit my job, but need an income in order to care for her. Does such a program exist?
Submitted: 4 years ago.
Category: Legal
Expert:  TexLaw replied 4 years ago.

Zachary D. Norris :

Hi,

Zachary D. Norris :

I'd be happy to address these questions for you.

Zachary D. Norris :

Are you there?

Customer:

Yes.


 

Zachary D. Norris :

Let's start with your first question.

Zachary D. Norris :

Medicare and Medicaid should be available to pay for partial in home care

Zachary D. Norris :

Are you aware of whether she has applied for benefits under these programs?

Customer:

No, I don't know. Actually, more of the family is in town and they will try to assess her finances to see what needs to be done. At the same time, we could figure out what she has applied for insurance-wise. I think she does have Medicaid, but I'm only assuming that.


 

Zachary D. Norris :

OK. That would be the government program you would start with.

Zachary D. Norris :

Medicare and Medicaid.

Zachary D. Norris :

Here is where you can start with the application process:

Zachary D. Norris :

www.hhsc.state.tx.us/help/1200-eng.pd

Zachary D. Norris :

Your second question is whether there is a way for you to take time off to help take care of your mother.

Zachary D. Norris :

Where do you work?

Customer:

I work in Houston but live in Spring. It's an hour commute (at least) each way, to and from work.


 

Zachary D. Norris :

It is indeed a long commute.

Zachary D. Norris :

Who is your employer?

Customer:

Brewer & Pritchard. It's a small law firm (very small).


 

Zachary D. Norris :

I am familiar with them.

Zachary D. Norris :

the Family Medical Leave Act generally allows for employees to take off to take care of a relative like your mother.

Zachary D. Norris :

However, because your employer is small, I do not think that it applies.

Zachary D. Norris :

So unfortunately, I do not think you could force an FMLA leave on your employer.

Customer:

Oh, but usually companies who employ at least 50 people are required to comply with the FMLA. Where I work employs 10 people or less.


 

Zachary D. Norris :

Right.

Zachary D. Norris :

So its too small.

Customer:

I was typing as you sent that extra bit. I wouldn't want to do that to them anyway.


 

Zachary D. Norris :

Texas does not have any state regulation which applies to smaller employers unfortunately.

Customer:

Okay.


 

Zachary D. Norris :

Is there anything further I can help you with?

Customer:

So, it's just Medicaid - there's no other program out there?


 

Zachary D. Norris :

All government benefits (federal and state) will be channelled through medicaid and medicare, they are the general moniker for these benefits. I know they have benefits that are granted to pay for home health care. I don't think it will cover someone staying at home for the entire time though. It will cover someone coming by to check in on her.

Customer:

Oh no - I just tried the link and it did not work. Could you get that link to me again?

Zachary D. Norris :

www.hhsc.state.tx.us/help/1200-eng.pdf

Zachary D. Norris :

try that one.

Zachary D. Norris :

www.hhsc.state.tx.us

Zachary D. Norris :

is the website you need to look at though.

Customer:

I recopied but took off the very last bit, and was able to find it. Thanks!


 

Customer:

I think that's everything. Thanks for your help!


 

Zachary D. Norris :

You are certainly welcome.

Zachary D. Norris :

If you are satisfied with my work, please click "accept" so I may get credit.

Customer:
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