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.
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Loretta Williams
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Loretta Morris Williams is a certified elder law attorney by the National Elder Law Foundation. Ms. Williams was admitted to the Council of Advanced Practitioners, National Academy of Elder Law Attorneys (NAELA) in 2012. She serves as President of the Virginia Academy of Elder Law Attorneys. Ms. Willia...
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