Q: How is the compensation of elderly caregivers or tutor established?
My brother is currently taking care of my elderly disabled father in PR and is requesting to be paid an unafordable amount in order to do so.
A:
The rule of law in Puerto Rico establishes a maximum of 10% of the elderly unfit's bank accounts, subject to assignment by the court. In order to claim compensation, your brother must demostrate that taking care of your elderly father has caused your brother financial loss, such as not being able to earn what he earned prior to taking care of your father. Under no circumstances does your brother have the right to unilaterally take money for himself from your father's accounts. Doing so is tantamount to financial abuse of an elderly person, which is a felony.
Furthermore, assuming that your father was declared legally unfit by a court of law, the court would have assigned your brother or whomever was designated as the legal tutor to post a performance bond to responde financially for your brother's execution as your father's tutor.
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