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Jvk252630 Asked January 2018

My sister is trustee of my parents trust, she entered into a personal care agreement with another sister after parent died. Any advice?

Trustee entered in to said agreement on the sole word of person to give care (also a sister and beneficiary of trust). Agreements states that the care giver will be compensated for current care given to surviving parent but also compensation for care given for past supposed care. Statements in contract can be proven wrong in regards to things in past like taking dad to cancer treatments, care of father when hospice was actually doing care. Caregiver (sister) said there was an oral contract with father which no one else was informed of in 2012 yet she only put agreement in writing after father died and my mother was said to be mentally unable to make these decisions in which the successor trustee takes over. This happened in 2016 and no one knows who had our mother declared mentally unfit. The gist of all this is ...due to this contract my sister ( also said caregiver) has laid claim to almost entire trust, and trustee may have been acting genuinely in the interest of parents but has no actual proof of anything agreed to by either parent. Understand contract was only put in writing after both parents were either passed on or apparently said to be no longer mentally capable of being trustee. The amount personal care agreement states for compensation is in the hundreds of thousands. We need help in figuring out how this came about, why if agreement WAS made with parents in 2012 why only put in writing 4 1/2 years after one parent passes and several days after sister (successor trustee) became trustee after supposed declaration of mother's diminished mental state.

HolidayEnd Jan 2018
Go tell a lawyer about this and take what proof you have to show him. (Paperwork etc)

notrydoyoda Jan 2018
Sounds like you need a lawyer to untangle this mess.

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Jvk252630 Jan 2018
I completely agree with you on the fact that Adequate compensation I see important. But caregiver is also taking advantage of the parent who is her mother by inviting in at least 5 people at different times to live for free. Using there bank account to pay her bills and those of people living in mom's house. I. Guess I should have included everything that was going on. The compensation would be ok all of us were glad she was in her own home. We didn't fr figure out everything else until mom passed and there had to be an accounting of the trust.

gladimhere Jan 2018
How much payment is too much? Facility living is very costly. Assisted can be as much as 8,000 a month in my area. Then private care? Caregivers commonly are paid $11-12 an hour based on a 40 hour week. The problem is that caregiving is a 164 hour a week job, so consider time and a half for overtime, 12K a month. That is 144k a year times 4.5 years? More than 500k.

Unless dad was in a facility receiving hospice that was not 24/7 care that would be needed by a hospice patient. They check in with the patient for an hour or so daily.

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