A year ago I moved my mother into my house. She could no longer care for herself. I have never asked for any compensation but the expense is getting to much. Can I legally get compensation from her estate to help offset the expenses. My utilities have double.
2 Answers from Attorneys
If you mother is of sound mind, she can certainly pay some of the expenses, or her agent pursuant to a power of attorney can do so. Just like with everyone else, you can charge her rent, utilities, etc. if you both agree upon the terms. I recommend that you speak with an attorney to make sure that you do everything legally and ethically correct. Feel free to contact me at 215-367-5110 if you would like to discuss the matter further.
What estate is to give you compensation? There is no estate unless your mother either has someone handling her financial affairs (like through a guardianship or possibly power of attorney) or she has died.
If you are acting as the caregiver to avoid having your mother shipped off to a nursing home, then I suggest that you have a family meeting with your mother, yourself and any siblings. Attorney Polsky is correct that you can charge for your caregiver/rent services. However, you need to enter into a written agreement with either your mother (if she is mentally competent) or her guardian or agent under a financial power of attorney to spell out how much you are going to charge for her portion of the rent, utilities and caregiver services.