Can Social Security consider me my aunt's caregiver? $375/week pay and POA complications

The $375/week ($1,500+ monthly) could absolutely be flagged during Medicaid lookback period (usually 5 years). They scrutinize all transfers from the applicant's accounts. You need to properly document this as legitimate caregiver compensation - create a simple caregiver agreement showing hours worked and reasonable rate for your area. Even with documentation, that amount might raise questions. Regarding placement - having POA doesn't automatically give you authority to force placement. You'll need to pursue guardianship/conservatorship through court if she's truly incapable of making decisions but refusing necessary care. This is separate from Social Security issues though - SS benefits will continue whether she's home or in facility, just with different representative payee arrangements possibly.

My mom went thru similar!!!!! We had to get a FORMAL caregivers agreement with a lawyer (cost like $600) after the fact and it was a NIGHTMARE with medicaid. They questioned EVERYTHING even tho i was doing way more than what I got paid for!!!!! Definitley get something in writing ASAP!!!!

For your second question about placement - I work with seniors and can tell you that even with POA, you can't force placement without going through proper legal channels. You need to petition the court for guardianship, which requires medical documentation of her incapacity. This is separate from Social Security issues. You mentioned she gets Social Security retirement benefits - when she moves to a facility, those will continue, but if you're currently helping manage those funds, you might want to become her official representative payee through SSA. That's different from having POA. You'd need to contact SSA directly about that process.

Regarding your payment concerns - Medicaid has a 5-year lookback period where they examine all financial transactions. The key is whether your compensation is considered reasonable for services provided. $375/week ($19,500/year) isn't excessive for extensive caregiving, but you absolutely need: 1. A formal caregiver agreement (retroactive agreements are problematic) 2. Documentation of hours worked and services provided 3. Payments that reflect market rates in your area Without these, Medicaid may consider these transfers to be gifts intended to spend down assets, which can create eligibility penalties. For placement against her wishes - you need guardianship. POA doesn't override her right to make decisions if she's still legally making them (even poor ones). This requires court intervention and medical documentation of incapacity.

I went through hell trying to reach SS about my mom's rep payee status when she went into memory care. Would call for HOURS and either get disconnected or told to call back. After 6 weeks of trying, I used a service called Claimyr (claimyr.com) that actually got me through to a real person at SS! They have a video showing how it works: https://youtu.be/Z-BRbJw3puU You need to be her official rep payee with SSA - having POA doesn't count for Social Security purposes. Totally separate process and important to start early.

Everyone's talking about the Medicaid lookback but not answering your ACTUAL question about Social Security. SS retirement benefits don't have the same asset restrictions as Medicaid!!! As long as you're not committing fraud with her SS checks, the payments to yourself won't impact her SS retirement benefits at all. It's Medicaid that will care about those payments when she applies.

u need to know that even with POA u cant force her into care!!!!! my grandpa had dementia and kept saying no to facility even tho he was leaving stove on etc. we HAD to get guardianship thru court!!! took like 3 months and cost $$$$ but then we could make the decision for him. its hard but sometimes u hav to do it

Regarding your caregiver payments: creating a proper agreement now is better than nothing, but backdating it would be problematic. You need to document market rates for similar services in your area to justify the amount. Keep all documentation of care provided - calendars, mileage logs, receipts, etc. For the guardianship process, contact your local Area Agency on Aging for guidance. Some jurisdictions have emergency guardianship provisions for unsafe situations, but requirements vary by state. Your aunt's doctor should provide a statement about her capacity that will be essential for this process.

My sister went thru this with my mom. The caregiver payments were a problem during Medicaid application cuz they didn't have a formal agreement. They ended up having to pay back some money to qualify mom for Medicaid. Make sure you're charging a fair market rate. In our area agencies charge like $25-30/hr for similar care, so document your hours to show you're not overcharging.

Since everyone's focused on Medicaid, I want to address your Social Security question specifically: When someone needs a nursing home, their Social Security benefits typically continue but may be used differently: 1. If she goes on Medicaid, most of her Social Security check will go to the facility as her "patient responsibility" contribution, with a small personal needs allowance (usually $30-60/month depending on state). 2. You should become her representative payee with SSA before facility placement to ensure proper handling of benefits. 3. The caregiver payments won't affect her Social Security benefits directly, but will be scrutinized during Medicaid application. Call SSA directly about the rep payee process - it requires specific forms and sometimes an in-person interview.