Legal Question in Wills and Trusts in Pennsylvania

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.

Asked on 1/29/13, 9:24 am

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.

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Answered on 1/29/13, 9:30 am

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.

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Answered on 1/29/13, 6:50 pm

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