Elder Law Answers
Can My Father Pay My Brother Rather Than a Nursing Home for Care?
I am in the position where I have to decide whether to put my father in a nursing home or not. I have found a facili...
Read moreCan My Aunt Suddenly Cut Off My Stipend for Taking Care of Grandmother?
- August 22nd, 2014
Q
I have moved my 93-year-old grandmother into my home. Neither my aunt nor my father wanted to take care of her. She is not at the point where she needs full-time medical care, but she needs someone to watch over her on a daily basis. My aunt has been paying me $100 a week for food and essentials, but now is saying that she is cutting off all money to me/my grandmother until she speaks with an elder lawyer. My grandmother, father, and aunt are all on her checking account. Do I have any rights to protect my grandmother and myself financially at this point?
A
I assume that you agreed to take in your grandmother based in part on the assurance of the weekly payment. Unless your aunt is claiming that you are not providing the promised care or are somehow not living up to your side of the bargain, you are entitled to be paid. Your aunt might be worried about the payments being construed as transfers for purposes of Medicaid eligibility for your grandmother. But they should not be since you are providing value in exchange for the payments.
I would assume that the elder law attorney would agree. You may want to ask your aunt to keep the payments going until she has the meeting rather than withholding them until then. You also might ask to participate in the meeting.