Legal Question in Elder Law in Florida

My 90 yr. old mother in Florida has become incapacitated and needs 24 hour care. There are three adult children. My sister live close to my mother. I and my brother live 1,000 miles away. The three of us discussed care whereupon my sister immediately stated she would quit her job, move into my mother's house and provide this care, drawing a "salary" from my mother's social security.

My brother and I are not in agreement with this and wonder how we can account for expenditures by my sister.

Is the "salary" legal? Does my sister have to account for all expenditures?


Asked on 12/31/09, 4:51 pm

1 Answer from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Your mother can pay her whatever she wants to take care of her. If paid as a salary it would need to be reported as income. You can also pay for your mother's care by others or have her moved to you and your brother's house.

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Answered on 1/06/10, 6:19 pm


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