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LADY LAWYER
LADY LAWYER, Family Law Attorney
Category: Family Law
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Experience:  Family Law Attorney
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A year ago I took on the responsibility of helping my husbands

Resolved Question:

A year ago I took on the responsibility of "helping" my husbands 89 year old uncle who had been in a car accident. He will be referred to as my uncle, as I pose my question. He is a widower with no children. He had given power-of-attorney, health care proxy, etc. to my 83 year old father-in-law who has since died. Before my father-in-law died, all legal documents were changed into my name on my uncles request. My father-in-law was barely able to care for himself, also a widower. Prior to the car accident I had never met the uncle and we did not have any relationship with him. When my uncle and father-in-law became widowed, they started talking again. There is no other family around at all. My uncle is declining quickly and my "help" has now turned into another job. Hospitals, bills, assisted living, insurance, upkeep of his house; the list goes on.....The power-of-attorney states that as agent, I can be compensated for my work. What I want to know is what is reasonable compensation? In most cases when family members are doing this work, they do not take compensation. He has an elderly sister that lives in Florida that will be inheriting everything from him. She is not in a position to help with any care of his. I don't want to stop helping, but I do feel I should be paid for the extreme amount of work that I am doing.
Submitted: 6 years ago.
Category: Family Law
Expert:  LADY LAWYER replied 6 years ago.

LADY LAWYER :

Hello, Thanks for choosing Justanswer.com! I look forward to helping you today.

LADY LAWYER :

I am reading your post. :)

LADY LAWYER :

Is your uncle competent as far as discussing payment terms with you? How many hours per week would you say you spend taking care of him?

Customer:

He in not competent to discuss payment terms with me at this point. I would say on average I spend at least 2-5 hours weekly on his work. Sometimes more, sometimes less.

LADY LAWYER :

Thank you. The payment terms are going to be up to you if they are not provided for in the POA. Generally, the amount a care giver would receive in a situation like yours would be based on the going rate for an unlicensed care giver that performed the same typr of work in a local facility (like a nursing home, etc.). A rough estimate would be between $20-$30 per hour plus any other costs and fees your incur (mileage, food, etc.). Also, I am not sure if you are aware of this but there is a Family Caregiver Support Program (FCSP) that was enacted in 2000 by the federal government. This program allows family members that care for their loved ones to be compensated by the government, at least short term. There is nothing that says that you cannot be compensated by both your uncle and the government. Here are the contacts for the NY program:

LADY LAWYER :

NEW YORK
Andrea Hoffman
Office for The Aging
Two Empire State Plaza
Albany, NYNNN-NN-NNNNbr/>(518)(NNN) NNN-NNNNbr/>Fax:(NNN) NNN-NNNNbr/>[email protected]

Nanci Hawver
Office for The Aging
Two Empire State Plaza
Albany, NYNNN-NN-NNNNbr/>(518)(NNN) NNN-NNNNbr/>Fax:(NNN) NNN-NNNNbr/>[email protected]
Visit Their Website

LADY LAWYER :

Happy to help you with any more questions if you have them.

Customer:

Thank you. Regarding the FCSP; he is currently living in an assistated living facility, probably going into nursing home soon; I am not physically caring for him, but most definitely taking care of all of his affairs, would I still qualify for governmental payment?

LADY LAWYER :

Thank you for the clarification. No, the payment is only if you are caring for your loved one in your home. But you would still be able to pay yourself from your uncle's funds as directed under the POA.

LADY LAWYER :

Please just let me know if you have any more questions. :) If not, please don't forget to click on the green accept button in the answer box so that I can receive credit for helping you. It is the only way I can receive compensation for my time and it will charge you nothing further to press accept. Thanks so much.

Customer:

Thank you!!!

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