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Level 5
March 14, 2020
Solved

Are attorney fees to set up guardianship for parent due to dementia deductible?

  • March 14, 2020
  • 6 replies
  • 39 views

Can these 2019 $10k fees be deducted? Schedule A Misc. Or perhaps as Medical

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Best answer by IRonMaN

No

6 replies

IRonMaN
IRonMaNAnswer
Level 15
March 14, 2020

No

Slava Ukraini!
PabloAuthor
Level 5
March 14, 2020

Thank you

IRonMaN
Level 15
March 14, 2020

You betcha!

Slava Ukraini!
BobKamman
Level 15
March 15, 2020

From IRS Pub 502:

Legal Fees
You can include in medical expenses legal fees you paid that are necessary to authorize treatment for mental illness. However, you can't include in medical expenses fees for the management of a  uardianship estate, fees for conducting the affairs of the person being treated, or other fees that aren't necessary for medical care.

PabloAuthor
Level 5
March 15, 2020

Thanks very much. It was a stretch on my part to consider it a medical expense 

Level 2
July 28, 2021

Most likely, yes, the money is given from the pension, if I am not mistaken. But not every decrease in mental capacity should be considered dementia. As we know, the number of neurons decreases during adult life, which is irreversible. However, the reduction of human "computer" power is compensated by increasing the amount of information "recorded" in his memory, i.e., accumulated life experience, until a particular moment. Besides, despite the decrease in the number of neurons, the increase in the number of inter-neuron connections occurs during life. I know that most often, it is provided by home care.