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You don`t necessarily need to hire a lawyer, but it may be advisable to enter into a contract. It depends on your circumstances and the complexity of an agreement that requires your family. If you are considering a pre-paid lump sum care contract, you should contact a lawyer. A contract is complex and it is more difficult to compensate for the „fair market“ in the value of care services. A monthly or bi-per-month salary for care services is easier to follow, especially for medical purposes. If you are not satisfied with these transactions, speak to a lawyer to avoid conflicts later. 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. Family Caregiver Alliance National Center on Caregiving (415) 434-3388 | (800) 445-8106 Website: www.caregiver.org email: [email protected] FCA CareJourney: www.caregiver.org/carejourney Family Care Navigator: www.caregiver.org/family-care-navigator Another legal consideration is whether the care recipient is unable 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. If you don`t think there`s a lawyer, read examples of agreements in the Resources section. Is there a provision for room and meal expenses if the recipient lives with the caregiver (in proportion to benefits, mortgage, insurance, taxes)? Think about what happens when the recipient moves into a care facility. Is health or dependency insurance purchased to cover the caregiver? If so, insert this into the personal care contract and you are specific without being inflexible. Consider adding an allowance for expenses that are easy to overlook. The tutor`s duties should be clearly specified in the agreement, but may include the term „or similar agreed by the parties“ for flexibility. If the agreement is too rigid, it must be rewritten if circumstances change. They create a contractual relationship between the employer (care recipient) and the employee (caregiver), a relationship that must be withheld and pay taxes. Whether benefits such as health insurance or workers` compensation should be made available to workers are other considerations. In the area of taxation and social security, you can seek the advice of a lawyer to confirm what is true in your situation. Consider a leave plan to compensate for the stress of care, or an increase after one year for a job well done. To determine the level of care required, contact a local home care agency, a doctor, a geriatric care manager, a hospital discharge planner or a social worker.

A fee may be charged for the organization of an institutional care examination. It will also help to anticipate future care needs. For example, if the recipient has dementia, a decrease may require different care. A stressful conversation for each family is what happens to money when a parent gets sick, and who will serve as the primary caretaker. One method of discussing difficult topics is to hold a family reunion. The team of monitors meets in a comfortable place, seated at a table and able to accommodate the documents discussed. (Using technologies such as Skype can help involve family members who live far away.) A well-organized meeting can provide family members with common support and a better understanding of the decisions to be made.