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I'm concerned that it might impact her Medicaid application down the road. However I have to drive an hour away twice a week and incur expenses that $400 a month would be very helpful towards.

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To some extent it will depend on how the POA is written but in my opinion you can claim any expenses that are not strictly POA duties (after all professional agencies that act in this capacity do) and travel expenses would fall into that category. To be sure I'd want to run it by her lawyer and then set up a contract with details.
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Jenayr23 Mar 22, 2024
She had an agreement create last year that was separate from the POA to pay me to do things for her that other care givers and people couldn't...shouldn't that suffice?
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DPOA does not obligate you to do any care for her. Or be at her beck and call. Thats not what its for. Its for handling her finances and medical. Medical POA is for seeing that her wishes concerning her health are carried out. And making decisions on her part that aren't covered in the proxy. Gives u the ability to talk to Drs and nurses. Unless these POAs are immediate, they are not even in effect. Springing POAs mean that a doctor/s have to say she is incompetent to make informed decisions before the POAs are in effect.

If you are to be paid for being her POA, it should say that in the POA paperwork. Bills are part of your duties as POA. If maintaining her home means cleaning, that and laundry are not POA duties. As Geaton says, as POA you can hire someone to clean her house and do her laundry out of her money. Hire someone to care for her. Never should you use your money for her care. When her money runs out, you find other options. If driving that hour to her house is to perform the duties of POA, then I think you should be paid for gas. Maybe get what the IRS allows for mileage. Its suppose to cover wear and tear on the car. There is so much you can do by app now when it comes to paying bills. You don't have to leave ur home. You can have her go paperless and have the bills sent to ur email.

Read your POA. If you want to do these things for her and she is willing to pay, have a lawyer write up an agreement saying you will be paid for doing the following and paid this amt a month for doing it. That will be her proof for Medicaid.
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I agree with what cwillie suggested.

As PoA you are not obligated to do anything other than manage and make decisions. You can certainly hire people (vetted) and agencies to do cleaning, laundry and home maintenance that is paid directly out of her account.
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POA pays for elder law attorney advice.
If you do this, it may fall in the POA "enriching himself" which is precluded in most POA documents. The POA document itself should say what pay you can accept for yourself. Interestingly you can pay OTHERS but will have to do this legally, and as usual with meticulous record keeping of every penny into and out of this person's accounts.

Always get expert advice (which IS paid for by the POA) when considering these things, because anything that looks like you enriching yourself or like her gifting will have dire and disasterous consequences.

You can't be wrong about these things. Get advice.
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yes
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