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I have been paying my grandfather's mortgage for years, and I deduct it every year. But I am also on the deed to the home, so typically I am an owner as well. I'm sure that makes a difference.
I am not on the mortgage, but still claim it. They can put you on the deed with right of survivor-ship, since you're paying the mortgage. That's how I am on my grandparent's deed. It actually lists 3 names, my grandmother's (deceased), grandfather's and mine. I also get a copy of the property tax bill every year. (That varies from state to state).
It is always worth the investment to sit down with an elder law attorney. Before the visit, write down your mom's entire financial picture (her income from every source, who owns what and the value of everything) and exactly how much support you've been providing for her (financial and physical). Your mom may need Medicaid and a nursing home some day and the mistakes you're making now will cost you dearly in that case. An attorney will help you see the options and their ramifications for the ownership of your mom's home, how you provide the financial support you've been giving her, etc. The laws around this stuff are not straightforward and everyone's situation is different. Ask around and find a good one. Expect to pay a 2-3 hundred dollars for a consultation (it will be money well spent).
Thanks for the responses! I'm the only one helping her, and she is just living on social security and the money I give her. I'll have to look into adding my name to her deed, I already have POA, etc. so I guess that won't be too much of an issue. Would I need to be added to her mortgage too?
I believe the IRS states that if you provide over 1/2 the living expenses for your elder, with or without a POA, you can claim them as your dependent on taxes. That includes keeping a roof over their head....the mortgage....IF that, + other expenses you provide, adds up to more than 50% of the elder's living expenses.
That also may apply for adult children who move home, disabled children at home, possibly others that you provide over 50% of their support..... ALSO, other paperwork may apply.
We pay my Mom's mortgage every month also, but we are living with her. It is considered rent. She gets the mortgage deduction, but she also must include that money as part of her income when she files her taxes.
Seems a bit loose here on the facts Chimonger how long must you be making these payments before you can as you are putting it demand ownership to the property in lieu of aid? And is your Atty/Cpa made you legal conservator guardian by the court due to medical condition I have been following your blogs
buiscuit21, Had to re-read your post--was not sure it referred to my post! [Sometimes I can be pretty fog-brained] My post to this section was about claiming elder as dependent on taxes. ..things I forgot to say is; one must be supporting the elder [or other family member], at least 50%+ of their total living expenses, =for at least 6 months of the year filed=. There needs to be documentation that the elder or other dependent indeed, cannot otherwise support themselves.
I do not know too much about ownership of property, other than, if assets are not protected by legal transfers or legal instruments at least 5 years prior to an elder filing to get State Aid, the State will want those assets to pay them back for the funding they provide that elder. IF the elder sells or transfers their property, and/or 'disappears the cash', the State will likely explore that in detail, to determine if it was "hidden" to defraud the State Aid System.
Mom lived under our roof, we provided that, some meals, transportation at her beck-and-call, laundry, help with paperwork, health supervision, etc., yet, she received her SSI and spent it to buy her preferred food, etc. supplies. We all live pretty frugally, and, she was repaying money she had received from us over the years--so we honestly couldn't claim her as a dependent.
Our adult son returned home, no income, was pre-SSDI determination; we provided 100% of his support for 2 years--but due to no Determination yet from SSDI, couldn't claim him as a dependent at that time, either.
I was given to understand, from the IRS [OK, taking that with grain of salt, since one gets differing answers w/ each call!]: Minor children or adult children who have Disability paperwork, or elders who have moved under the caregiver's roof ---caregivers could claim them as dependents--but must provide proper proof of disability, and, that they are providing 50%+ support of the person[s] for 6 months or more of the year filed. A caregiver does not necessarily need [per the IRS we called] to be the "legal guardian" nor POA for the dependent.
Mom resisted giving a POA to anyone. Our son was capable of handling his basic affairs, so didn't need a legal guardian or POA--he just needed support of several kinds [shelter, food, medical, dentist, transportation, help with paperwork, etc.; Once he got SSDI determination, IF he'd stayed here, he'd have been getting his monthly check---he could have paid for his support here then, but, that would've meant we were no longer supplying 50%+ of his support, and no longer could claim him as a dependent--but would have to claim that income he would have paid had he stayed, as income to us.
There are various ways to gift, transfer, or shelter assets, not all of which protect assets from liens by State Aid demanding repayment. In certain circumstances, I understand a caregiver relative, who cares for their elder at least a year [?] can file for right to stay in the house, but that is something that varies per State, and it may have a time limit that varies, or, it might not be an option in some States.
There is a possibility that a caregiver [of over a certain length of time?] who is otherwise unpaid for services rendered, ==might== file a lien on the elder's property, which, like the State lien, must be paid out of proceeds of sale of property. Certain criteria would need satisfied in order to do that?
Currently, IMHO, caregivers are pretty shafted, when it comes to compensation. NO official entity allows that the caregiver has done work that would normally be paid---kinda like women having to do all we do, AND work... stay-home moms do not get paid; nothing contributed to SSI for them, no benefits, if "that is all they do". Over decades, number crunchers figured that a stay-home parent time/expertise/skills are worth over about $70K per year [based on one who actually does everything a professional parent does], depending on what year one looks at, how active the family is, etc. other conditions.
A Caregiver, in home, often doing 24/7 care, or even dawn-to-dusk care, is unprotected by laws, that I have yet been able to find; IF they did the same tasks in a nursing home, they'd be paid the going hourly wages, benefits, and, it would be illegal to miss meals, work longer than one shift, etc. regulations. Home caregivers are also chauffers, med-nurses, cooks, janitorial, laundry workers, etc., for which they are not paid. Even when the elder does most of their own care, caregivers are still "on-call 24/7". ANYONE can drop a dime on a caregiver, claiming [unfounded] elder abuse, and literally ruin the caregiver's life. Unless a caregiver keeps meticulous records to prove they actually are doing caregiveing, what, how, when, how much, or have witnesses that disprove the accuser, they are screwed. [[how many family caregivers keep really good records of their caregiving--hey! it's family! Right?!]]
We need protections and compensations. Until those get put in place, all we can do is work within the systems as they currently are--and that doesn't always work. What virtually all our systems fail to realize, or do anything much about YET, is any compensation for, adequate support for, or protections of, caregivers. It's still a fairly recent development for elders to be protected from abuse.
Sharing information here is a great start; it can be empowering for caregivers who are overwhelmed and have no info to start with. I'm no expert. I can only go on what information I have been given from various resources. We can share information to help each other, but it is up to each of us to learn what actually applies in our local areas and situations.
---in addition, though, I saw some hints that my sibling WAS claiming Mom as their dependent, even though Mom -never- lived under their roof, and, they didn't pay anything for her upkeep or needs, rarely drove her anywhere. IF they'd been caught at that, they'd be in trouble with the IRS, as well as State Aid, as Mom was also getting Medicaid, and, was getting Fed support to pay her Medicare monthly payment. All of which may have something to do with the real reason that part of my famliy has shunned me--because I know they didn't support her while she was here, and they fear being busted.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
Your mom may need Medicaid and a nursing home some day and the mistakes you're making now will cost you dearly in that case. An attorney will help you see the options and their ramifications for the ownership of your mom's home, how you provide the financial support you've been giving her, etc. The laws around this stuff are not straightforward and everyone's situation is different.
Ask around and find a good one. Expect to pay a 2-3 hundred dollars for a consultation (it will be money well spent).
you can claim them as your dependent on taxes.
That includes keeping a roof over their head....the mortgage....IF that, + other expenses you provide, adds up to more than 50% of the elder's living expenses.
That also may apply for adult children who move home, disabled children at home, possibly others that you provide over 50% of their support.....
ALSO, other paperwork may apply.
Had to re-read your post--was not sure it referred to my post!
[Sometimes I can be pretty fog-brained]
My post to this section was about claiming elder as dependent on taxes.
..things I forgot to say is;
one must be supporting the elder [or other family member], at least 50%+ of their total living expenses, =for at least 6 months of the year filed=.
There needs to be documentation that the elder or other dependent indeed, cannot otherwise support themselves.
I do not know too much about ownership of property, other than, if assets are not protected by legal transfers or legal instruments at least 5 years prior to an elder filing to get State Aid, the State will want those assets to pay them back for the funding they provide that elder.
IF the elder sells or transfers their property, and/or 'disappears the cash', the State will likely explore that in detail, to determine if it was "hidden" to defraud the State Aid System.
Mom lived under our roof, we provided that, some meals, transportation at her beck-and-call, laundry, help with paperwork, health supervision, etc.,
yet, she received her SSI and spent it to buy her preferred food, etc. supplies.
We all live pretty frugally, and, she was repaying money she had received from us over the years--so we honestly couldn't claim her as a dependent.
Our adult son returned home, no income, was pre-SSDI determination;
we provided 100% of his support for 2 years--but due to no Determination yet from SSDI, couldn't claim him as a dependent at that time, either.
I was given to understand, from the IRS [OK, taking that with grain of salt, since one gets differing answers w/ each call!]:
Minor children or adult children who have Disability paperwork,
or elders who have moved under the caregiver's roof
---caregivers could claim them as dependents--but must provide proper proof of disability, and, that they are providing 50%+ support of the person[s] for 6 months or more of the year filed.
A caregiver does not necessarily need [per the IRS we called] to be the "legal guardian" nor POA for the dependent.
Mom resisted giving a POA to anyone.
Our son was capable of handling his basic affairs, so didn't need a legal guardian or POA--he just needed support of several kinds [shelter, food, medical, dentist, transportation, help with paperwork, etc.;
Once he got SSDI determination, IF he'd stayed here, he'd have been getting his monthly check---he could have paid for his support here then, but, that would've meant we were no longer supplying 50%+ of his support, and no longer could claim him as a dependent--but would have to claim that income he would have paid had he stayed, as income to us.
There are various ways to gift, transfer, or shelter assets, not all of which protect assets from liens by State Aid demanding repayment.
In certain circumstances, I understand a caregiver relative, who cares for their elder at least a year [?] can file for right to stay in the house, but that is something that varies per State, and it may have a time limit that varies, or, it might not be an option in some States.
There is a possibility that a caregiver [of over a certain length of time?] who is otherwise unpaid for services rendered, ==might== file a lien on the elder's property, which, like the State lien, must be paid out of proceeds of sale of property. Certain criteria would need satisfied in order to do that?
Currently, IMHO, caregivers are pretty shafted, when it comes to compensation. NO official entity allows that the caregiver has done work that would normally be paid---kinda like women having to do all we do, AND work...
stay-home moms do not get paid; nothing contributed to SSI for them, no benefits, if "that is all they do".
Over decades, number crunchers figured that a stay-home parent time/expertise/skills are worth over about $70K per year [based on one who actually does everything a professional parent does], depending on what year one looks at, how active the family is, etc. other conditions.
A Caregiver, in home, often doing 24/7 care, or even dawn-to-dusk care, is unprotected by laws, that I have yet been able to find;
IF they did the same tasks in a nursing home, they'd be paid the going hourly wages, benefits, and, it would be illegal to miss meals, work longer than one shift, etc. regulations. Home caregivers are also chauffers, med-nurses, cooks, janitorial, laundry workers, etc., for which they are not paid.
Even when the elder does most of their own care, caregivers are still "on-call 24/7".
ANYONE can drop a dime on a caregiver, claiming [unfounded] elder abuse, and literally ruin the caregiver's life. Unless a caregiver keeps meticulous records to prove they actually are doing caregiveing, what, how, when, how much, or have witnesses that disprove the accuser, they are screwed.
[[how many family caregivers keep really good records of their caregiving--hey! it's family! Right?!]]
We need protections and compensations.
Until those get put in place, all we can do is work within the systems as they currently are--and that doesn't always work.
What virtually all our systems fail to realize, or do anything much about YET, is any compensation for, adequate support for, or protections of, caregivers.
It's still a fairly recent development for elders to be protected from abuse.
Sharing information here is a great start; it can be empowering for caregivers who are overwhelmed and have no info to start with.
I'm no expert.
I can only go on what information I have been given from various resources.
We can share information to help each other, but it is up to each of us to learn what actually applies in our local areas and situations.
IF they'd been caught at that, they'd be in trouble with the IRS, as well as State Aid, as Mom was also getting Medicaid, and, was getting Fed support to pay her Medicare monthly payment.
All of which may have something to do with the real reason that part of my famliy has shunned me--because I know they didn't support her while she was here, and they fear being busted.
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