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We have taken care of my husbands father for the last 7

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We have taken care...

We have taken care of my husbands father for the last 7 years he has alzhiemers disease.He had to be put in a nursing home In april we have legal and medical power of attorney he has social security and a va check total of 1700.00 a month he does not pay taxes on.Can we claim him on our taxes because the no taxable income and the power of attorney?We are responsible for all of the doctors appt.day to day finances and what the Medicaid does not cover .

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Georgia

Lawyer's Assistant: Has anything been filed or reported?

Do you mean taxes

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Nothing has been reported for 2016

Submitted: 11 months ago.Category: Legal
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Answered in 1 minute by:
9/23/2017
Lawyer: Loren, Attorney replied 11 months ago
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 39,311
Experience: 30 years experience representing clients.
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Lawyer: Loren, Attorney replied 11 months ago

Yes, it sounds like you could.

There are five tests to determine whether you can claim a parent as a dependent:

  • The person you are claiming as a dependent must be related to you. This shouldn't be a problem if you are claiming a parent (in-laws and stepparents are also allowed). Keep in mind, however, that foster parents do not count as a relative. To claim a foster parent, he or she must live with you for a year as a member of your household.
  • Your parent must be a citizen or resident of the United States or a resident of Canada or Mexico.
  • Your parent must not file a joint return. If your parent is married, he or she must file separately. There is an exception if your parent is filing jointly, but has no tax liability. If your parent files a joint tax return solely to get a refund, you can claim him or her as a dependent.
  • Your parent must not have a gross income of $4,050 (in 2016) a year or more. Gross income does not include Social Security payments or other tax-exempt income.
  • You must provide more than half of the support for your parent during the year. Support includes amounts spent to provide food, lodging, clothing, education, medical and dental care, recreation, transportation, and similar necessities. Even if you do not pay more than half your parent's total support for the year, you may still be able to claim your parent as a dependent if you pay more than 10 percent of your parent's support for the year, and, with others, collectively contribute to more than half of your parent's support. To receive the exemption, all those supporting your parent must agree on and sign the applicable Multiple Support Declaration (Form 2021).

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Lawyer: Loren, Attorney replied 11 months ago
Did you have further questions? Please let me know if I have answered your question.
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Lawyer: Loren, Attorney replied 10 months ago

If you have no further questions please remember to rate my service (5 Stars) so that I am credited by JA for answering your question and also so that I may close the question.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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