Legal Question in Wills and Trusts in Massachusetts
Can caretaker entitled to compensation?
I am primary caretaker for my mother in law. She has alzheimers. Husband an I moved into his moms house to care for her when it became apparent she was unable to do so. We originally decided to place mom into nursing home care but after visiting a few realised that we didn't want her place her until she absolutely needed more care than I could give. I work part time and mom is in a day program. This is working out fine at this point. Recently I saw on line that a former caretaker had filed a claim against her relatives estate to recieve compensation for care given. I was horrified at first, but now realize that perhaps I may be entitled also. I would not want to touch any of mom's current money. Perhaps after she passes away there will be something left. I did not enter into this living arrangement for payment, but I now wonder if I am entitled to compensation. If we hired someone to perform the services I do I am sure it would be very costly.
2 Answers from Attorneys
Re: Can caretaker entitled to compensation?
There are several issues:
1. If competent, then you can and should enter into a written compensation agrement;
2. If competence is questionable, or if not competent, then you need to consult an attorney.
If you take compensation without some precautions, you may take a risk if some one where to challenge this later.
Re: Can caretaker entitled to compensation?
Possibly, depending on the circumstances.
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