As POA, can I be reimbursed for time and expenses?

2 answers | Last updated: Oct 26, 2016
A fellow caregiver asked...

I am POA for my 87 year old mother. Other siblings have nothing to do with her. She survived an abdominal aortic aneurism,is in rehab now. Can I reimburse myself for gas - have put over 1500 miles on my leased vehicle and I myself live on a very tight budget. Since no one but myself visits mom, I visit every day and have supper with her which is about another $25/week. Gas/dinner are big expenses for me.

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.

The first place to look for an answer to your question is in the specific language of the Durable Power of Attorney. It may have language that directly relates to the circumstances in which you can be reimbursed for expenses.

If there is no such language that pertains to this issue, you would start with the general proposition that you have a right to be compensated for expenses incurred in acting as her agent under the Durable Power of Attorney. This should include your transportation costs and your mother's meal costs. It may be questionable as to whether your own meals, however, would be covered as a compensable expense. You may take the position, however, that payment of your meals is in lieu of direct compensation for your services as Durable Power of Attorney. If there are no other family members that object, you should have no problem.

Community Answers

Mareva answered...

The DPOA states I should be reimbursed for all costs & expenses - to me means mileage & meals.

No reimbursement for services-does that mean the time I spend as her DPOA following up with drs etc?

I am only going to claim these expenses while she was in the hospital and rehabilitation, not indefinitely.

So, I believe I can be reimbursed for mileage and meals during that time period especially since I was the only person there for mom. If you believe I am wrong correct me.

1 sibling had cleaned out a joint account the day after surgery so it may impair Medicaid to what degree I don't know or what to do if it does.

She was going to come & live with me but my siblings talked her out of it! She is slipping away right in front of my eyes and it hurts!