Ideally, you`ll find time to meet a lawyer and all the family members involved – even if some participate by phone or video conference. To find an older lawyer in your state, you can use the National Academy of Elder Law Attorneys` Find a Lawyer tool. Medical Procuration – Gives caregivers the right to make health decisions on behalf of someone else. This is common practice when the patient is unable to speak for himself or herself and a caregiver is entrusted with the obligation to make decisions for the good of the patient. This form also contains a living will that allows the patient to make “end-of-life” decisions if he is in a state of guardianship for a long time. American Bar Association. Create effective agreements for the remuneration of family caregivers: www.americanbar.org/groups/law_aging/publications/bifocal/vol_37/issue_3_february2016/creating-effective-caregiver-agreements/ you ask, when preparing the contract, what any care task means. For example, define “personal care”: does it include bathing, dressing, dental hygiene? If you define the care tasks and the time allotted, the result will be a more realistic assessment of care. If the hired guardian is a family member or friend who lives in the same house, there may be tax benefits for the employer. Simply put, if the caregiver is there to “care” for the patient and does not give up more than 20% of his daily activities, the caregiver cannot be entitled to a minimum wage. In the case of a contract with a family member, it is advisable to consider the agreement as a legal document. If your parent receives state-subsidized home care, the agreement will show the state where the money is going and what kind of services it is for.
In addition, a care agreement can compensate for potential confusion among family members concerned about heirs` bequests and subsequently avoid misunderstandings about the reduction of money that may be hereditary. Before preparing your personal care contract, it is important to talk to other family members to ensure open communication and avoid disagreements. By using this formal agreement to spell out the details of the care you will provide and the amount of compensation you will receive, you can help avoid disagreements and avoid family conflicts. Medicaid (Medi-Cal, California) is a state and federal program that can cover long-term care costs for people with limited incomes and assets. To qualify for Medicaid, an individual`s expenses and assets are subject to a “look back” period of up to five years. This is sometimes referred to as “monetary value.” If the recipient is to enter an institution or request other services that Medicaid could pay for, the personal care contract may show that care was a legitimate expense and not an attempt to conceal assets by giving cash to family members. The recipient pays the “value” in personal care. The two main reasons why you need a personal care agreement are the two main reasons: gradually, the needs of your aging lover have grown and you may find that you can no longer balance the care you need with a full-time job or other responsibilities. Sometimes the best thing to do is to pay a family member or caregiver to help with daily activities, medical appointments and household chores. Depending on the situation, the guardian may be considered a salaried worker or an independent contractor under national and federal law. Another legal consideration is that the beneficiary is not able to sign the contract.
The person who holds the power of attorney or the guardian or the curator can sign. If the caregiver also holds the beneficiary`s power of attorney or guardianship, you should consult a lawyer.