Legal Question in Elder Law in Illinois

After two years in a nursing home and a diagnosis of Alzheimer's, my mother's doctor asked me (the sole caregiver) to become her guardian. My mother signed a resignation of trust to me in March 2009. I was originally named in her trust to become trustee in the event of her death. In April 2009, I began to give myself a small compensation for the work I do for my mother, such as paying bills, filing taxes, ongoing discussion with doctors/nurses regarding treating, paying bills, laundry, sewing. Do I need to report the compensation to the IRS.


Asked on 8/09/09, 1:00 pm

1 Answer from Attorneys
Steve Raminiak Law Offices of Steve Raminiak, P.C.

Yes. Your compensation is not a gift and it is income. Your job as a Trustee is just like any other job and your wages are taxable income.

Also, it may be important to consider whether you are actually acting as your mother's Guardian. To do so, you must have been appointed by a Court. If you have NOT been appointed by a Court to act as your mother's Guardian, then you may be acting as her Trustee or as her agent under a Power of Attorney, but not as her Guardian. These different roles carry different levels of authority and responsibility. Feel free to call me to discuss this. I won't charge for the phone call.

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Answered on 8/14/09, 1:37 pm


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