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As caregiver to my uncle can I get paid from him while he is either in the hospital or a rehab, I'm still taking care of him?

Boynton Beach, FL |

are there any laws governoring this type of situation? please advise

Attorney Answers 3


  1. It is possible to have a caregiver agreement - does this person have capacity? Depending on the situation the caregiver agreement can be done along with his estate planning. See a lawyer about the right way to set this up.

    This is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature.


  2. Family caregiver situations, as you intuitively seem to understand, can raise many questions about undue influence and the like, concerning the infirmed. If your uncle has mental capacity, my law firm will actually travel to him, whether he is recovering in a hospital or rehab, to discuss these issues directly with him. If he the mental capacity to do so, he should sign an agreement to reimburse you and/or pay you for your caregiving service. However, if should not have capacity then whoever (if he directed it so prior, which I highly recommend) does have power to make these decisions, should acknowledge your services in writing accordingly in that capacity. If your uncle should die before either situation can take place then you can make a claim for the value of compensation against his estate, if probate is opened. However, without written acknowledgment on his part or his behalf through his appointed representative, you will likely have to take many more steps to have your claim deemed valid. Hope this helps and good luck!

    I may be further reached by email (polani@bellsouth.net) or through my website (www.bocadelrayattorneyatlaw.com). Please note, however, that the hiring of a lawyer is an important decision and should not be based solely upon advertisements or the like. Before you decide which attorney to retain, please ask for free written information about their (or my own) qualifications and experience. Also, providing an answer to your question does not constitute in any manner whatsoever a client-attorney relationship or privilege between us.


  3. To be effective, personal care agreements generally need to be in writing and can only address future, not past, care. You uncle, or you if you are his attorney-in-fact under a valid POA, need to meet with an elder law attorney who is experienced in handling Medicaid. You can use the AVVO Find a Lawyer search tool to locate an elder law attorney in your area or go to the website of the National Academy of Elder Law Attorneys at www.naela.org.

    Responses provided on Avvo are for general informational purposes only, based upon the limited information that is provided, and do not constitute legal advice. As such you should consult with your own attorney for specific advice. No attorney/client relationship exists with Kelly S. Davis unless set forth in a written engagement letter. The Wyoming State Bar does not certify any attorney as a specialist or expert. Anyone considering a lawyer should independently investigate the lawyer's credentials and ability, and not rely upon advertisements or self-proclaimed expertise.

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