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Ask Barrister Your Own Question
Barrister, Attorney
Category: Legal
Satisfied Customers: 37337
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I have provided free caregiver care mother past

Customer Question

I have provided free caregiver care for my mother for the past four years. My questions is can I bill her for these services and have her reimburse me for this time and expense.
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question..Can you tell me what state this is in?.Will mother agree to pay you for your services retroactively?.Was there ever an agreement to pay you for your services?..thanksBarrister
Customer: replied 1 year ago.
Louisiana. Yes she would. No formal agreement. She pays other fulltime caregivers during the day but I have taken the night shift for the past four years.
Expert:  Barrister replied 1 year ago.
Ok, then if she would agree to pay you for your services, this could be considered an oral contract and the time limit for enforcing an oral contract in LA is 10 years. So she could agree to compensate you retroactively for your services and time but it would be a good idea to get a written "caregiver agreement" that sets out your pay, expenses, etc. so if there are ever any questions, (for example Medicaid) you have proper documentation...thanksBarrister
Customer: replied 1 year ago.
I have provided over $3000 per month of free caregiving services per month. If she were to reimburse me for these services her Medicaid eiligiblity would come fairly soon. I know Medicaid has look back laws so I wanted to be sure I was in compliance if I chose to enforce this oral agreement.
Expert:  Barrister replied 1 year ago.
Yes, as long as you have the caregiver agreement in writing, it is allowable. That is one of the things that they look for... a written caregiver agreement that sets out what the costs and charges are and what care would be provided/was provided...thanksBarrister
Customer: replied 1 year ago.
I thought you indicated it could be oral. Can we make a written agreement that covers the past four years. If we could do that I could get her qualified for Medicaid in a nursing home without depleting her estate.
Expert:  Barrister replied 1 year ago.
It could be oral just for enforceability purposes regarding a contract.. But Medicaid doesn't take your word on things, they want to see a written contract. Otherwise people would just say "Mom/Dad agreed to pay me $5K a month and owes me 200K so their estate is depleted and Medicaid has to pay for their care.".So Medicaid wants to see some proof of an agreement for care services..And yes, if you made the care contract retroactive, (or backdated it), then that might satisfy Medicaid's requirement for proof of a caregiver agreement. The only problem I see is if they go in and examine her finances and they see a big lump sum payment to you because that looks like an effort to improperly transfer assets under cover of a caregiver agreement. So if they questioned that, you would have to convince them that it was a legitimate agreement and you just put off making her pay you for some reason..thanksBarrister
Customer: replied 1 year ago.

You may be correct but I would like a second opinion on this.

Expert:  Barrister replied 1 year ago.
Sure, I completely understand. Take all the time you need to contact another attorney or you can probably just post the question again here and another attorney will pick it up and answer...thanksBarrister