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Medical Deduction questions

My 92 year old mother in law passed away Oct 2020. The last year she stayed in her house and was on hospice and in bed. She needed 24/7 care. She paid several caregivers to stay with her. It really added up like over $90,000. She took several big withdrawals from IRAs and Annuities so she owes a lot of tax. Looking at IRS pub 502 page 11 Qualified Long-Term Care Services and Nursing Services, it looks like she can deduct it?

 

And also her husband has dementia and is in a Care Home. Looks like that can be deducted too? As Chronically ill individual. That was only 2,500 a month and my husband paid some months himself after she passed and we didn’t have access to her bank account yet. Guess we can’t count what we paid for them. I am filing a Joint return for them.

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2 Replies

Medical Deduction questions

1. For in-home care, you can only deduct the cost of nursing care.  Nursing care does not have to be performed by a nurse, but it must be the kind of care provided by a nurse, such as asstistance with eating, dressing, toileting, bathing, and providing medication.  The cost of companionship and other household services, like doing laundry and cleaning, would not be deductible.  If the home care included these non-nursing services, you will have to adjust the amount you claim as a deduction.

 

2. For assisted living, you can only deduct nursing care, as above.  The facility should be able to give you a breakdown.  The entire cost is a deductible medical expense if you meet three tests.

a. The person is chronically ill as certified by a doctor, or has a cognitive impairment that makes them a danger to themselves or others if they were left alone.

b. The person requires assistance with 2 or more activities of daily living.  ADLs are eating, bathing, toileting, continence, dressing, and transferring.

c. The care is provided according to a written care plan developed by a qualified social worker or medical professional and reviewed at least once a year. 

 

Where you need to be careful with the husband's expenses is to show that he needs help with his ADLs and that there is a written care plan.  

 

3. You can only claim expenses you paid as a medical expense deduction if you can claim your parents as tax dependents, or if you provide more than half their financial support and they are disqualified from being your dependents because of their income or because they file a joint return.  However, since you say "big withdrawals" you probably don't meet this test.

 

However, I would treat the expense as being a gift from you to your parents, and then include the amount in your parents' medical expense deduction as if they paid it.  Your father-in-law could pay you back for the gift, if you have power of attorney and that is consistent with his wishes. 

Medical Deduction questions

Thank you,  yes my husband does have POA on his father.  She did reimburse my husband for the care home one month when he had to pay it.  And I read all that in the 502.  Just wanted more clarification.  I think they both can deduct the expenses.  Maybe I'll just enter enough to bring the taxable income down to zero.  

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