Elder Law Answers
Do I Lose My Husband's Income If He Enters a Nursing Home and Goes on Medicaid?
If my husband goes into a nursing home and enrolls in Medicaid, will I lose all of his Social Security check?
Read moreCan My Father Pay My Brother Rather Than a Nursing Home for Care?
- August 27th, 2013
Q
I am in the position where I have to decide whether to put my father in a nursing home or not. I have found a facility that seems appropriate and costs $4,500 per month. My brother has said he would like to keep him out but they don't have the space. Could my father pay my brother the $4,500 per month instead of paying it to a nursing home? What are the legal/tax implications, if any? It would be great solution for all as my brother has had some financial difficulties over the last few years and it would keep my father out of the nursing home.
A
Certainly, your father can pay your brother a fair rate for taking care of him. The nursing home cost is also a reasonable measure of what that rate should be, assuming your brother can provide care comparable or superior to that provided in the nursing home. I strongly recommend that your brother and father (or you on your father's behalf) enter into a written agreement as to what your brother will provide so that no misunderstandings will arise in the future. An experienced elder law attorney can help with this since he or she will have a good idea of the issues that may arise in the future. The attorney can also advise on planning steps that may be taken to save money if your father ultimately does need nursing home care. Finally, your brother needs to be aware that the payments to him must be reported as taxable income.
Local Elder Law Attorneys in Ashburn, VA
Meet William Fralin
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William Fralin
The Estate Planning & Elder Law Firm PC
Bill founded The Estate Planning & Elder Law Firm, P.C. in 1994. Bill limits his practice to the areas of estate planning and administration, incapacity planning, Medicaid, asset protection planning, and elder law. He is one of (15) fifteen attorneys practicing in Virginia, Maryland and the District of Columbia, ce...
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Margaret O'Reilly
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Margaret A. O’Reilly is an estate planning and elder law attorney with over thirty-five years of legal experience. Attorney O’Reilly graduated from Duke University with a degree in psychology, and received her law degree from Northeastern University School of Law in Boston, Massachusetts. For over 15 y...
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Meet Mindy Felinton
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Mindy Felinton
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Mindy Felinton concentrates in the areas of Medicaid planning, Veterans' Benefits, asset protection, nursing home planning, elder law, wills, estate planning, trusts, living wills, powers of attorney, probate administration and trust administration and began her legal career 30 years ago as an Assistant State Attorney...
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