Is it legal to pay a family member to care for a parent from the parents assets?

Q: My mother has Alzheimer’s and needs help caring for herself. She is mobile but needs help with meal prep, bathing and going to the bathroom. She did fall a couple times earlier this year and did get lost in her apartment complex. Doctors said she should not be alone. My brother has been staying with her since April. Can he be paid from her assets (20 thousand?) in order to get her closer to the Medicaid limit of $2000?

A: Any payment of caretaker funds must be done in accordance with Medicaid guidelines for spend down limits. An elder law attorney will know how to accomplish this for you. If you do it on your own, you may risk a penalty and possible Medicaid ineligibility.

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