Shouldn't the caregivers be receiving the funds?

2 answers | Last updated: Oct 22, 2016
A fellow caregiver asked...

My sister has POA for my uncle and he is receiving Aid & Attendance(?) at $1600.00. However, my uncle lives with my mother (her brother), my father and me. Both my mother and uncle have Alzheimer's, my uncle is bedridden and incontinent. My father and I do the caregiving. My sister agreed to pay me $600 per month prior to the aid & attendance-which I found and she took it out of my hands. As of today she is behind two paydays of $300 each and when April 15th comes up she will be three behind. Shouldn't that check come directly to me and my dad? I don't want to stir things up but I work 24/7 and that $900.00 she owes me would sure help. She's constantly on vacation somewhere (doesn't work) why should I be scraping for gasoline or cigarettes?

Expert Answers

Steve Weisman hosts the nationally syndicated radio show A Touch of Grey, heard on more than 50 stations, including WABC in New York City and KRLA in Los Angeles. He is a practicing lawyer specializing in estate planning and is admitted to practice before the United States Supreme Court. He's a public speaker and commentator who has appeared on many radio and television shows throughout the country, and he's the legal editor of Talkers magazine, the preeminent trade publication of talk radio. His latest book is The Truth About Avoiding Scams.

I agree that if your sister is not acting in your father's best interest that it may make sense for you to petition the court to be appointed as guardian of your uncle. You have a right to be paid for your services, however I would suggest that you formalize your obligation to provide these services through a caretaker contract that details what you will be paid and what services you will perform.

Community Answers

Veterans financial answered...

It sounds like you need to get appointed the Fiduciary. The VA expects the money to be used for Aid and Attendance of the disabled person, if that is not happening, they will step in. Call The VA's Pension Maintenance Department at 877-294-6380, they will help.

Best of Luck, Veterans Financial, Inc.