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Can a Family Member Be Paid for In-Home Care?

In our last blog, we provided a few tips for finding the right in-home care provider for your loved one. One thing we didn’t discuss was hiring a family member as an in-home care provider.

There’s a misconception out there that you’re not allowed to use a family member, but in reality, you may be able to do so.

The issue is that the family member needs to be a legitimate provider. You can take care of a loved one informally and without pay whenever you want, but getting paid for it is a little more complicated.

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Keep in mind, if you ask a Medicaid caseworker if it’s possible to pay a family member for in-home care, the answer will almost certainly be no. Look at federal regulations, however, and  you’ll see that it is allowable, as long as:

  • you have a written contract in place between the family member and the patient
  • the family member provides recognizable in-home care services (e.g. personal care, health care, and so on.)
  • the family member is paid a reasonable wage that’s in line with what an in-home care provider would earn

The key point to understand is that this is not a casual arrangement. The family member needs to treat it as a job, complete with hours, payroll taxes, and services rendered to the patient.

With that said, it’s a great way to help your family as a whole. It’s wonderful to hire a caregiver your loved one already knows and loves. The patient needs high-quality care from someone trustworthy, and the in-home caregiver needs to earn money while devoting time to caring for a loved one.

As you can tell, it’s not the simplest arrangement to hire a family member as an in-home care provider for a patient on Medicaid, and you can lose the opportunity if you don’t approach it properly. That’s why it’s wise to consult an elder law attorney to help with everything from the contract to the requisite government red tape.

Contact us today if you are facing this situation and need professional help!

~ Ronald Morton



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