Legal Question in Elder Law in Massachusetts

I have power of attorney for my mother who is in a nursing home. Can I take a fee for the work that I do now on her behalf, paying bills, running errands, etc. She is not on medicade. Private paying at the moment to the home.


Asked on 8/21/09, 3:03 pm

3 Answers from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC

You need to look to the powers granted in the instrument. It is very likely that you can reimburse yourself for out of pocket expenses incurred in carrying out your duties as her attorney-in-fact. Most likely, however, you are not generally entitled to a fee for services as attorney-in-fact.

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Answered on 8/26/09, 3:08 pm
Nicole Reeves Lavallee Reeves Lavallee, P.C.

It all depends on what the power of attorney states. Sometimes the power of attorney contains language that would permit you to receive compensation. It is not state such then you cannot collect.

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Answered on 8/26/09, 4:11 pm
Leanna Hamill Leanna Hamill, Attorney at Law, P.C.

As others have stated, it depends on the language in the document. And if there is any chance that your mother will need Medicaid coverage of her care in the future, then you would be wise to seek the advice of an attorney before taking any kind of fee for your work as this can be seen as a disqualifying transfer for Medicaid purposes.

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Answered on 8/26/09, 5:51 pm


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