Legal Question in Elder Law in New York

To Rick Bryan - guardianship case help

Thank you for your reply, but I find it hard to believe that generally children are not allowed to get paid as caregiver to their parent when there is a guardianship, but if the daughter wasn't caring for the parent and giving up her life for the mother, then someone on the outside would have to be bought in to care for my mother and that would be very expensive. My mother has Alzheimer's and Kidney Disease so it is not an easy task caring for her.

I have one further question: Can it be that the Judge would order that no pay be given to the daughters who are caring for her, but when my mother passes away, can we be paid from the estate. My mother owns her own house. Three of my siblings have absolutely nothing to do with my mother's care, but when my mother passes away, then will have their hands out to get the house. I don't think its fair if me and my other sister have been doing all the caregiving for the past 2 years.

It just doesn't seem right. My mother would be very depressed without being her caregiver. She does not want an outsider caring for her.

What do you recommend I do? Or can anything be done? Should I put in the Motion and Affidavit to the Judge as you suggested?

Thanks again for all your help


Asked on 11/14/08, 11:40 pm

1 Answer from Attorneys

Richard Bryan Richard Bryan Attorney PC

Re: To Rick Bryan - guardianship case help

If the judge says it's okay for the children to get paid for caring for mom, then it's okay. But only when the judge specifically authorizes this.

Unfortunately, as you well know, sometimes life is not fair. My advice to you is to seek professional counsel from clergy or a therapist who specializes in these situations and reconcile yourself to the facts of the situation as they are, and not as wish they were, and at least find some peace for yourself and your sister in mom's final years.

Good luck, and god bless you and your sister and your mom.

Rick Bryan

Counselor-at-Law

New York, NY

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Answered on 11/15/08, 2:20 am


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