I'm still working, but my wife's dementia now requires constant care. I am aware the the IRS will consider dementia care as a medical expense if "the the individual functionally incapacitated and unable to perform at least 2 activities of daily living unless substantially assisted by another person for a minimum of 90 days. According to the IRS, activities of daily living include toileting, bathing, dressing, eating, and transferring."
What isn't clear to me is how one would justify this to the IRS if challenged in an audit. The IRS site doesn't seem to indicate any form or procedure to justify this. I contacted one social worker who knew a lot about the medicare procedure for the medicaid "devision of assesses" procedure (which I'm not ready for), but not simply a tax deduction. My wife's physician certainly knows she has dementia, but I'm not sure she knows from simply yearly physicals enough to certify that my wife cannot care for herself. The daycare/homecare service I'm using seems to think it's Sue's physician's place to certify this.
Any help would be appreciated!
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When my Mom was living at home and I provided care, then I had a physician send me a statement saying that my Mother needed 24 hour care. I just kept the letter amongst her documents. I got the doctor to send me the letter annually. Once my Mom moved into Memory Care, the doctor's letter was no longer necessary. However, I did keep the breakdown of costs for her care to show that she was unable to care for herself.
Yes, the deduction is anything over 7.5% of her AGI, however, the amount that was taxable, put her in the tax bracket where she paid no taxes, both federal and state.
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Agree, you need a CPA's help.
Just my opinion -- if your wife can't bathe or feed herself, wears dirty or stained clothes, has wandered off, let strangers into the house, etc. - these are the ADL bright lines. You may not be there just yet.
But again, this is a question for a CPA and one you can't afford to be wrong about, just "in case".
I believe you need a care plan to justify the costs.