Can we pay ourselves for caring for our 90-year mother?

Q: Mom still lives at home. We have someone come in throughout the day but my three siblings and myself stay with her overnight and do 24 hour shifts on weekends. We’ve been caring for her for 3 years and have never paid ourselves because we didn’t know if we can do that. Also, if we are allowed, can we pay ourselves back? In the event she needs to go into a home and runs out of money and goes on Medicaid, will they come back on us to recoup the money that we paid to ourselves for her care? (Pittsburgh, PA)

A: Yes, as it stands now, if you have no written caretaker contract in place and you pay yourself as you go along, or try to pay yourself retroactively, this could potentially make your mother ineligible for Medicaid if she applies within the next five years. Medicaid would look at these payments as transfers for no consideration or fair value unless they are made pursuant to a written caretaker agreement signed by your mother if she is competent or by her Agent under a valid Power of Attorney.

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