POA, Durable POA, etc. and Full-time caregiver for elderly mother who lives at my home in a renovated mother in law suite. I am on the bank account she has been paying me a very modest salary from for several years. 8 years care with last 3 being modestly paid. In the past she had me help with bills and write all of her checks and she would sign them. Now diagnosis of moderate dementia, blind and advanced Parkinsons disease and of course much more care involved. She cannot be left alone and her Drs have put it in writing that she needs assistance and care 24/7. Do I just pay myself an increase and keep records? Logs justification etc. Have hired someone to start coming in to help 2 days a week for half days, but honestly not sure she has much longer to live. So, it would mean hospice palliative or hospice at home next- so that kind of excludes the Medicaid spend down idea as she will remain home. Just wasn't too clear on exact rights when it is myself? I thought that is why she added my name to her account originally. I need some sort of compensation and am not talking about huge amounts. She has enough assets to pay for care. There is a non-involved sibling (vulture) who has chosen not to be involved and made it very clear does not want to help.
In my state (Massachusetts) you can not make retroactive payments for work done before the Caregiver Contract is in force, ad expect Medicaid to honor the Contract.
Other reasons to create a written Contract are the vultures you mentioned. Without a written agreement, the family member(s) providing the care are vulnerable. The Caregiver Contract recognizes and rewards the time and effort that you give to care, and helps to prevent arguments and misunderstandings among other family members who can't or won't help out.
Without a written agreement, the elder (and others people involved in care such as physicians and health care providers) aren't sure about who is responsible to maintain the needed level of care. The Caregiver Contract can include a written organization of care and other services.
Talk with an elder law attorney in your area to prepare the document that serves your mother's interests.
Also is she paying rent or utilities? if not those are legitimate expenses that she should be paying - what would you charge to rent suite out? - a real estate agent should be able to help you set what the going rate is - she has been there for years so even if you had her pay her share have you increased it to cover higher prices in the intervening time
As for paying yourself? I can't really comment.
My biggest concern was also Medicaid.. if it was ever needed.
This step will save those funds from being taken over by Medicaid when the time comes to apply.
This agreement CANNOT be done by your self. This MUST be done by an elder lawyer as they know all the financial trappings of Medicaid, and can word it appropriately. And Medicaid will only recognize this particular service agreement.
Good luck!