Skip to main content

If a principal instructs an acting Power of attorney to take reimbursements before paying third parties, can the th acting POA?

Hazel Green, AL |

I have both durable power of attorney for my mothers finances as well as her health care. She is alert and able to make decisions. she has instructed me to take reimbursement for my expenses such as fuel, lost wages etc., prior to paying any costs associated to her admission into a nursing home.

Attorney Answers 3


  1. I would have written contract with mom concerning her wishes to pay or reimburse you for expenses.
    This will avoid conflict with siblings later.

    The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.


  2. Mr Pippen offers sound advice. Get it in writing and have mom sign the letter and have her sign the check for reimbursement. Be sure she puts in the memo part that it is a reimbursement. Document this transaction and any other fully and get an estates attorney to assist you here. Watch out for any gift tax implications.

    Hope this helps.

    Please remember to designate a best answer to your question.

    Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website for more tax, estate and business articles is www.sjfpc.com. and his blog is

    LEGAL DISCLAIMER Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website is www.sjfpc.com. and his blog is <http://frommtaxes.wordpress.com/> Mr. Fromm is ethically required to state that the response herein is not legal advice and does not create an attorney/ client relationship. Also, there are no recognized legal specialties under Pennsylvania law. Any references to a trust, estate or tax lawyer refer only to the fact that Mr. Fromm limits his practice to these areas of the law. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received. By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question. Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.


  3. You need to consult an attorney and get a contract to perform those services. Medicaid recongnizes the contract and won't treat any payments to you as a transfer. If you just make payments to yourself, they will question it and may impose a penalty.

    I would be happy to meet with you on this matter. But don't do self Medicaid planning as that can cause a lot of problems. There are other possible benefits to explore, Veteran Benefits, etc.

    Doug