Senior Living/Dependent

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Question
My dad died last year (2008), I have taken care of my Mom since before then, taking care of them.  My question is, My mom is on limited income, she draw Social Security, and SSI, and a small alotted monthly welfare check for food.  If, and could I claim her as a dependent on my taxes, would it interrupt her earnings?  She draws very little in social security and SSI?

Answer
Well the first part is, your mom should have her Social Security recalculated since her husband passed away, and her income pay be higher.  If you claim her as a dependent, in my opinion, then she may lose her SSI and food income as by claiming her you are stating that you are providing more than 1/2 of her expenses. I would explore raising her income, if possible.

Kyla Kelim

Senior Living

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Kyla Kelim

Expertise

I can answer questions regarding nursing home Medicaid eligibility questions, senior benefits including Medicare, Medicaid, prescription drug coverage, Veteran's benefits including Aid and Attendance, durable powers of attorney, advanced health care directives and living wills, wills, trusts and estates, guardianship and conservatorship and other areas of elder law including financial questions regarding collection, gifting, etc. All answers will refer questioners to a licensed attorney in their specific state, unless the question involves an issue of Alabama or Florida law, or Federal law as many of these issues will.

Experience


Experience in the area
I have practiced law in Florida and Alabama for 15 years. My firm has over 60 years collective experience in elder law issues, including Medicare, Medicare D, Medi-gap and related health insurance issues as well as nursing home Medicaid eligibility.

Organizations
Alabama State Bar Florida State Bar


Education/Credentials

Education/Credentials
Cumberland School of Law, Samford University, J.D. 1993 University of New Orleans, B.S. Business Administration 1990

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