Caretaker Agreements

Many people are functioning as caregivers to aging relative. In such cases it is a good idea to consider having actually a written caretaker arrangement in place.

Lots of relative spend many hours a week offering care for an elderly relative without realizing that being compensated for that care can be a great tool for transferring resources without incurring a charge if the senior later obtains long-term care Medicaid.
While the majority of individuals are pleased to provide this care and do not anticipate to be compensated, doing so can ultimately benefit the senior. Private care typically postpones the requirement for long-lasting experienced nursing care. If the requirement for center care occurs, people can keep no more than $2000 in countable properties to get Medicaid assistance to pay for the cost of the center. If the Medicaid candidate has actually transferred assets without settlement, Medicaid views these transfers as presents and punishes the applicant. Through making use of a caregiver agreement, nevertheless, the senior can pay a member of the family for the care offered, thereby attaining a transfer of properties, but prevent the penalty.

A caregiver arrangement determines the person in requirement of care, the medical condition necessitating care, the person who will be providing care, and details the specific help that the caregiver will render. Care might be offered daily, weekly, regular monthly, or on an as-needed basis. The agreement states a pre-determined rate of pay for those services. Generally, these contracts address problems including:
* Transferring the senior to medical appointments

* Running errands for medications, food, individual products, etc.
* Carrying the senior to social functions

* Assisting with activities of daily living
* Preparing meals

* Housekeeping services
* Laundry services

* Lawncare
* Financial management

Once a caregiver contract is signed, the senior can begin compensating the caregiver for services offered under the contract. If the senior later gets long-term care Medicaid, these payments are not dealt with as presents, however rather, payment for services rendered. Furthermore, use of a caregiver contract supplies defense for the family member against claims from other relatives if a disagreement later on occurs about why the caretaker was receiving cash from the senior.
The caregiver must keep comprehensive logs about the services performed and is required to pay taxes on the earnings got. Caretaker arrangements can be used with any household member except the partner of the individual in requirement of care. They can also be utilized with non-relatives who are working individually rather than for an established home care company.

Caregiver arrangements can not be utilized retroactively. Rather, the signed caregiver arrangement must remain in place before services are provided and payment is made. Therefore, it is necessary to talk to an older law lawyer immediately if you are offering or pondering providing caregiving services to a liked one.