Estate Planning Q&A: What Legal Documents Do We Need When Dad Moves In?

Question:

My father-in-law is 91 years old, has dementia, and is diabetic. Due to his health care needs, his wife (my husband’s stepmother) can no longer take care of him and wants my husband and his brother help care for him until a suitable care facility is found. She is willing to hand over his monthly retirement in order to help offset the costs of a care facility. Since he will temporarily live with us, what type of legal documents are needed since she is still considered his wife but not living with him? (Note: My husband also has power of attorney over his finances, health, and health care directives.)

Answer:

You don’t need any legal documents, but a written agreement or memorandum of understanding with your father-in-law’s wife might make sense just to make sure everyone is on the same page and she does, indeed, contribute your father-in-law’s retirement income.