She will be 93 this January, she gets a little over $2,000.00 a month in Social Security and her monthly assisted living bill is close to $7,000.00 a month. I will pay the difference using my money. What should I do to get her SS deposit each month to help pay the bill? Should I open a checking account with my name and hers? Should I have her SS deposit then sent to that account in both of our names? Should I have her SS deposit sent directly to the Assisted Living facility?
My accountant says that once I start paying her rent I can list her as a dependent on my Income Tax. I live in Florida and she lives in Colorado.
Thank you for your assistance
In general, bad to get into the precedent of using your own money as it never ends.
As far as paying, she has been presumably using her SS all along?
I would speak with the facility about all this. They are the best ones to guide you.
I would caution you, unless you are independently VERY WELL OFF and I am talking well over 1M, you should not be using your own money for your mother's care. You will need it for your own. It honestly takes a lifetime of savings to make yourself safe in aging.
Consult a good eldercare lawyer in Colorado to find out what the options are.
But don't assume that she's destined for Skilled Nursing (a more medically-focused, traditional "nursing home") just because she gets onto Medicaid...at least in Colorado. It seems to be one of the "better" states when it comes to finding non-Skilled Nursing places that are Medicaid-certified. And, again, please contact a Care Patrol rep (in her city) to help you (I don't work for them, but they have helped me a lot...at no cost to me or the potential resident)!! :)
It sounds like she would definitely qualify for Medicaid in Colorado (@ $2k per month SS coming in), if her money is spent down and she doesn't still own a house or have any penalty issues to deal with (having gifted $$ in the past 5 years). DO see an elder law attorney to double check though.
Best wishes! I hope you don't end up spending your own money...it doesn't sound like you need to do that, unless you REALLY love the place she's in and it doesn't end up being Medicaid-certified.
An attorney will know differing state laws as well as what you can do legally regarding a dependent.
Individual situations as well as state laws are very different so never rely on specific responses here. For sure, well intended ... although legal advice will insure your specific legal requirements are addressed.
Gena / Touch Matters
If her AL is also a Medicare and Medicaid SNF, she potentially could "spend down" and Medicaid thereafter would pay the monthly fee. But this all depends on how her current AL is licensed. Many ALs are NOT Medicare and Medicaid qualified, which means a move to such a facility may be necessary if she declines and really needs more medical-related care than her AL can provide. Best to prepare ahead rather than when this might rise as an emergency.
Assuming you have a valid POA, you can seek to be the "representative payee" but that is a lot of paperwork. If she is mobile and has capacity (does not have dementia) she could go to her bank add you to her bank account, may take some preparation for them to accept you remotely, but most things can be done this way now. Assuming the SS check is an automatic deposit that lands in her checking account AND if you are added to her account; you can write checks (or pay on-line) assuming the AL has the pay-online option (easier, given you are in a different state).
An elder care attorney can help you with all this, and importantly to have a plan for the future if her AL is not a SNF and she needs more care. Not sure about "claiming her as a dependent" for tax purposes; but an attorney should be asked about that if at some point downstream she needs Medicaid to pick up bills.
Good luck with this
First thing to do is you MUST get an elder law attorney! Boy, are they helpful and know all the ins and outs of the laws with regards to Medicaid, SS, investments and how to protect them, etc.
I give you credit in the kindness and sacrifice you’ve shown to take your life and devote it to your mother. But, you need to give that up and think of what will happen if YOU become incapacitated and need your money? Get an elder law attorney as soon as you can! Good luck to you!
Even with my husband and I having joint accounts, we went through the process to be sure I had access to his funds because he began to decline physically and cognitively. We decided to do it sooner rather than later because it was easier with him signing the application agreeing rather than needing SS to appoint me later.
Our credit union told us exactly how to set up a special checking account to receive his SS funds. Legally the funds have to be used for his benefit so I set up withdrawals for the mortgage, utilities, and other major monthly household expenses. When we begin to have out-of-pocket caregiving expenses, I will then substitute those expenses from that account. This way at any point I have to justify how his money was used, all I have to do is pull the statements for the account. We have joint accounts to keep other income and expenses totally separate.
Check out: https://www.ssa.gov/payee/faqrep.htm?tl=7%2C8%2C9%2C10%2C11%2C15%2C18%2C22%2C27%2C34
If your Mom is in reasonably sound mind and body, get her to add your name to her banking accounts, especially the one with Social Security and the one that any bills will be paid out of. If the bank accounts are in the name of a trust, ensure there is a successor trustee. Should your Mom become unable to sign her name to checks or authorize you (which I know is hard to believe), that joint ownership will allow you to pay her bills and accept money on her behalf.
If you are not a person who is authorized to see her Social Security information, do the appropriate paperwork or call in so that she can verbally make the authorization to authorize you permanently. A POA is not recognized by Social Security.
If your Mom becomes unable to talk or verbally authorize you in the future (due to dementia or any emergency situation), you will be incapable of accessing her funds or discussing her situation unless you are the co-owner or authorized to discuss her Medicare on her behalf.
With all the scams that are going on with the elderly, banks are and should be tightening up the rules as to who can access the elderly person's money. Once the person dies, it becomes even more uncertain unless a person has been given authorization by the owner, ahead of time.
My Mom passed at the end of December. She has a very simple estate with no question on who is going to get what. She owns a single piece of property, which is rented. In my state, we are waiting for the county to give us the authorization to go ahead with the division of her real estate, over 7 months later. Luckily, my Mom put my sister on her checking account, so HOA fees, property taxes, insurance, etc. can still be paid with authorization from my sister. My Mom had a CD which just renewed at nearly 0 percent, because her estate is not settled and she gave no one the authorization to liquidate the account so that it could earn higher interest at renewal time.
So I suggest that you do what other people have suggested: 1) add your name to her accounts as co-owner or POD and/or make sure you have a successor trustee named if anything is in the name of her trust 2) keep your money and her money separate 3) keep track of all the bills and who paid what. If she is going to go on Medicaid, you will need all that documentation for the application.
Once you are approved for payee.. if done correctly you can be approved online that day, you will be the only one who can sign off of any transaction related to this account. If there is anyone else on her account they will have to be taken off, again you are the only one that can sign off auto or by check. Any auto payments can remain but I would not allow any assisted living facility to do an auto withdrawal. Too much room for error. You will also report annually to SSA how her benefits were spent. Yours should be easy as all of it will be used for her monthly payment to the facility. I would also leave her account separate. Gets too messy mixing funds.
Also make sure to check with your accountant to see how you would be reimbursed from her estate, if any. I have not research this yet, but I have heard recently of grants available for help. I know nothing of the qualifications or requirements so you may need to check it out. Does your mother have no assets other than SS income.
Good luck, and hope this helps you.
YorkRiverLady
I would also encourage you to NOT let the facility withdraw funds from any account, do a scheduled bank check or EFT that you have to do, not them.
The reason for not giving them access, if there is a problem or a move, you could be dealing with them taking money they are not owed.
I would require a bill monthly that breaks down the charges for tax purposes.
Your mom is very blessed to have you. May The Lord be with you both during this season of life.
I have an Aunt who is 105 and has no health problems or conditions except an eye issue, so nothing that's going to take her any time soon. Is there a lot of longevity on your Mom's side? You should consult with a financial planner to extrapolate cost scenarios if she lives to 100 or beyond.
You don't want to mess with her Social Security Direct Deposit.
You definitely want that tax deduction! Save all proof of what you paid directly from your money.