With a special needs trust that requires Medicaid to be paid back following the beneficiary’s death, what is the sta...Read more
That would be fine if properly structured. There are tax and other employment law issues as well as possible Medicaid implications if your mother-in-law requires nursing home care in the future. The arrangement should be formalized in an employment agreement so that there are no misunderstandings down the road. Your sister will need to report the compensation on her tax return. If the care is ordered by a physician, your mother-in-law should be able to deduct the pay as a health care expense. Given all of these issues, I’d recommend consulting with an elder law attorney or accountant (or both) before moving ahead.
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Local Elder Law Attorneys in Ashburn, VA
Attorney Samantha Simmons Fredieu is an associate at Hale Ball. Ms. Fredieu graduated magna cum laude from Vermont Law School where she was the symposium editor on the Vermont Law Review, a production editor on the Vermont Journal of Environmental Law, and a member of the Moot Court Advisory Board. She has clerked for...
John Laster is a lawyer licensed to practice in Virginia, Maryland and the District of Columbia. He limits his practice to wealth transfer planning, trusts, wills, powers of attorney, health care decision-making issues, estate administration and related tax, elder law and disability concerns. Listed in The Best Lawyers...