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As POA I am entitled and yet not my intention to take advantage. I see $300/month is fair. What have any of you encountered with this?

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FLTN, if your Dad had professional caregivers around the clock, it would be costing him between $10k and $25k per month, yes per month..... so $300 a month is more than fair if you feel that is what you are comfortable with. As Dad needs more care, you may want to think about an increase in pay, or use the money to hire a part-time caregiver, so you won't become burnt-out.

If you plan on being paid, you would need to have a Contract with your Dad, saying that he will be paying you $300 a month. Otherwise, if later down the road Dad needs help via Medicaid [which is different from Medicare] Medicaid won't see the $300 as a "gift" to you.

Curious what your brother is doing to help Dad. This shouldn't be all falling on your shoulders just because you have Power of Attorney.
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Make a spread sheet listing all that you do and the time it takes you to do it, then call around and find out how much your father would be paying a management company, geriatric care manager or professional fiduciary to take care of those things. If you are doing any kind of caregiving put that on a separate spread sheet because hands on care is not part of being a POA. Send it to your brother.
Or.... you could just tell him where to go 😉

Since the burden of care is going to increase as your father ages and that care is inevitably going to fall on you now is the time to set up a formal, legal care document WITH your father and an attorney. Be sure he has an updated will and an advance directive too.
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It is between you and your dad what you are getting paid and $300 is a bargain!
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When you say "as POA I am entitled" do you mean that the POA documentation states that you are (or any other primary caregiver is) to be paid?

Because unless it says that, you are most emphatically NOT entitled. Could you clarify this, please?

PS -
I ought to add, with just as much emphasis, that this does not include expense you pay out as your father's POA or as his caregiver. If looking after him or working on his behalf *costs* you anything, you can claim that back. Perfectly legitimate.
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cwillie Apr 2021
You know I had to double check this and in my Canadian province a POA is entitled to "3% of the monies received and disbursed by the grantor, and a management fee of 3/5ths of 1% of the average annual value of the grantor’s assets". But of course different jurisdictions have different rules.
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You wrote on your profile: "I am caring for my father Jim, who is 88 years old, living in my home with age-related decline, anxiety, depression, incontinence, and mobility problems."

Your father is living in your home. $300 is a bargain by any extent of the imagination. You owe your brother no explanation! It is not his business because your father chose *you* and not your brother to be his POA.

You do NOT need to claim the $300 on your taxes as it is not income but rather the cost of your dad's food. The average cost of food for a single person is up to $300 and if your dad has special dietary needs, that could be even more. As your father's needs increase, what he pays you for his room and board can increase. Furthermore, you may be able to claim your father as a dependent on your income taxes. Keep a spreadsheet and talk to your accountant.
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AlvaDeer Apr 2021
But food and POA costs can't be lumped together. I didn't know Dad lived there. If so then there needs to be a carefully done and LEGAL care plan so that the son is not accused by the other son, or by the system of
"gifts" and the Dad, who may need medicaid in future, of "gifting". 300.00 is way to much to charge to be POA, but if Dad is living there, too little for being POA and buying food, changing housing so it works for Dad, and so on.
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I likely misunderstood your question. If Dad is living with you and you are caring for him I think 300.00 is too little. If you are charging 300 to manage your Dad's money only, and it is simply done, then I think it is too much.
The real point here is that you need to see an attorney and work out a care plan. You cannot do this without contract and keeping track and it could be considered "gifting" and ruin your Dad's future chances of getting medicaid if he needs it.
If Dad is living with you and you are POA your bro has no business knowing any of this, but you must keep careful records in case he accuses you of anything.
See an attorney. Where legalities are concerned you don't want to take the advice of a forum. Your father's funds pay the cost of said attorney as this involves his estate and cost.
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klhblues Apr 2021
Even managing money alone will cost more than $300/mo to have a lawyer office or accountant handle it.
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People really should read a poster's profile before answering. Poster offered valuable information on her profile: "I am caring for my father Jim, who is 88 years old, living in my home with age-related decline, anxiety, depression, incontinence, and mobility problems."
1. She's probably driving him places - i.e. deserves reimbursement for mileage.
2. She's probably doing his laundry - i.e. deserves reimbursement at a wash and fold rate which is around $0.99 per pound.

If anything, poster deserves more than $300 per month. Her brother sounds like he's more interested in protecting his "inheritance" than helping his father. $300 is completely defensible even with Medicaid.
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cwillie Apr 2021
Truth. That is why I said she needed a care contract to cover all the things that go above and beyond what she is entitled to as POA.
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call a home care agency in your town and visit them. Find out if they can provide the care and hours you are currently providing. Have them give you the weekly or monthly cost quote in writing. As an aside, check if his medicare/medicaid/VA or other insurance will cover. Use this info to determine how to proceed.
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When my dad was diagnosed with inoperable cancer, I moved back in with him and my mother that day (10/2) and after his death and placement for my mother in a nursing home, I was able to return home on December 11. He insisted I be paid market rate for my time and caregiving of both of them. I wasn't happy about it, because I would have happily done it for free. I also didn't like the idea of writing out a check to myself in my role as POA and Trustee. Nonetheless, he insisted, and his attorney agreed.

Market rate would have been $25/hour, and I didn't feel comfortable with that, so I went with $20. I ended up being paid $30,000, so as you can imagine, you're being extremely underpaid.

Your brother needs to zip his lip.
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As a POA, you are entitled to nothing, your duty is to the principal (your father).

So, if your POA does not forbid payment, a fiduciary can get paid "reasonable compensation." In Michigan it is 1 to 1.5% of the total assets managed over the course of a year. Then, there are reimbursable expenses, such as mileage you should keep a log of and write a check for those expenses monthly. Check your state laws for specifics.

Any payment for caregiving specifically or rent needs to go thru a lawyer. Some states prohibit this unless it was in the original POA paperwork. As POA, you cannot enter into a legal agreement with yourself and a court may have to determine adequate payment for these activities.
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