Oct 02, 2016
By Rick Law of the multi-generation law firm of Law Elder Law. Rick Law and his daughter Diana Law are Elder Law Estate Planning attorneys and senior advocates serving seniors, boomers, and their families in Aurora, Illinois just off of the I-88 tollway.
Situations in which adult children provide care for their elderly parents often start out as very casual arrangements. Many times, the first stage involves the adult children picking up some groceries for the parents while doing their own shopping or driving the parents to an appointment.
Maybe they start giving their parents some money, or maybe they are coming over and cooking and cleaning and checking in on their elderly parents.
Then, all of a sudden, a parent is diagnosed with Alzheimer’s and the adult child has to quit his or her job or cut back hours because taking care of the parent has become a full-time job. Most adult children don’t think that they need to have a lawyer draft a personal care contract, but that is exactly what needs to happen if they are providing care for their parents.
The elderly parent may well be writing checks to the caregiver child for gas, food, and time spent cleaning and doing laundry. However, in all likelihood, everything is getting commingled and no one is keeping records. The child is buying the parent’s groceries and his or her own groceries and both are paying some.
If these individuals are not keeping adequate records, they run the risk of the caregiver being accused of elder abuse and the senior receiving the care being ineligible for Medicaid benefits.
Sometimes the child will move in with the parents to better care for them, and sometimes it is easier to have the parents move into the child’s home. Often in these situations the child is appointed the power of attorney for property or at least the power of attorney for health care for the parent. In many cases the parents add that child to their bank accounts so the child can pay bills for them, including reimbursements to the child.
If your loved one has memory problems and you’re afraid of the consequences that may bring, give our office a call today at 800-310-3100. Your first consultation is absolutely free. We’ll let you know what steps you need to take, right now, to protect yourself and your family. Call now.
Rick L. Law, Attorney, Estate Planner for Retirees.
Rick has been named the #1 Illinois elder law estate planning attorney from 2008-2016 by Leading Lawyer Magazine. He has been quoted in the Wall Street Journal, AARP Magazine, TheStreet.com, and numerous newspapers and articles. Rick is the lead attorney for Law Elder Law, LLP, focusing in Estate Planning, Guardianship, and Nursing Home Solutions. His goal is to give retirees an informed edge when it comes to dealing with an uncertain future. Get flexible retirement strategies that work during good times and bad, plus information on how you can save your home and assets from being used to pay for long term care. Call 800-310-3100 for your free consultation now!
“Everyone in the office was absolutely wonderful to work with whether on the initial set-up of the trust, adjustment to such following my father’s passing, or processing of his home sale and proceeds.
They genuinely care for your family’s well-being and walk you through each step of the process. They are also exceptionally responsive even when parties involved live in different locations.
This is a definitely a team you can trust and one I highly recommend.”
W.W., Client of Law Hesselbaum