There are millions of family caregivers providing billions of hours of unpaid care for loved ones. This can come at a huge personal cost to the caregivers in the form of lost wages and lost time with other friends or family. It also has the potential to create conflict among other family members. When care is given without any financial reimbursement it can really take a toll on the caregiver. That may then translate into less than adequate care for the loved one in need of care.
There are a few options available that may allow a family member to receive payment in exchange for the care they provide. Working with an Elder Law attorney you can draft a formal Personal Care Agreement or caregiving contract that details this arrangement before it begins. A Personal Care Agreement cannot be created for retroactive payment for past care. This is a binding agreement offering family caregivers security that they will not suffer undue financial consequences while ensuring the elder and other family members that the needs will be met by caring advocate. The document should outline the services to be provided as well as the payment to be received.
These agreements typically occur between an adult child and his or her parents. The agreement outlines the tasks expected in return for a stated compensation.
The Personal Care Agreement should include the following:
- date care begins (cannot be retroactive)
- detailed description of services provided
- hours per week
- compensation amount and frequency (a lot of flexibility here as it can be bi-weekly, monthly or even an upfront lump sum)
- Room & Board Provisions if applicable
- duration of the agreement
- standard contract language pertaining to location of legal dispute, how to modify and a termination clause
- signatures by caregiver and person authorized to make financial decisions on behalf of the person needing care if that person is not capable of making those decisions for himself or herself.
Having a family meeting to discuss the terms prior to signing is advisable. In some cases, it may also be beneficial to include a clergy member or trusted family friend to take part in the meeting. Take notes at the meeting for future reference, and make sure that an experienced Elder Law attorney is consulted and drafts the agreement on the family's behalf. For assistance in creating a Personal Care Agreement in the greater Baltimore area please contact the experienced and compassionate attorneys at Stouffer Legal.
