Libby, MT asked in Estate Planning for Montana

Q: Co-trustee and POA. I'm being asked by co-trustee to sign a contract outlining mom's care to get paid as caregiver.

My stepbrother and I are named as co-trustees and POAs over our parents. Dad passed. Mom has dementia. I am staying with her in Montana and caring for all her needs, paying her bills, arranging for assisted living in Bend, OR.

The Wills and Trusts state that one can be paid to take care of all necessary arrangements and care of a parent. Since I am out of state and away from any income I have asked for a weekly salary. It needs to be agreed upon by both trustees and he has agreed to the amount.

I am now being asked by my stepbrother to sign a "contract" that he drafted, outlining my "duties and responsibilities" and to "cover myself in case my receiving a salary is ever questioned."

Since this is already specifically outlined in the trust and I would be getting paid a salary that is documented by check, reported and has taxes paid by me, and claimed by mom on her taxes, do I need to sign this? Since he and I are co-trustees wouldn't he be the only one to "question" my salary?

Related Topics:
1 Lawyer Answer
Nina Whitehurst
Nina Whitehurst
PREMIUM
Answered
  • Estate Planning Lawyer
  • Crossville, TN

A: A caregiver contract makes perfect sense in your situation. It also helps document that those payments are not gifts in case you ever need to apply for Medicaid for her. Otherwise they would be presumed to be gifts. Medicaid applicants are penalized for all gifts made within five years prior to application.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.