Why would I need a caregiver agreement? Here are some of the most important reasons (you and your family may have others):
- For definition of services rendered and compensation provided.
- For family agreement and understanding – “buy-in” (both during the caregiving process and afterward, in estate resolution).
- For purposes of qualifying for Medical Assistance and avoiding penalties for uncompensated transfers.
- For clarity of taxation issues (both for caregiver and recipient of care).
How do I make one? The agreement should be in writing and signed by all parties who will be involved in the transactions and services. An attorney can assist you in drafting a family/situation specific contractual agreement designed to address your family’s particular needs and concerns. Decoro Law Office prefers to begin the process with a family interview (and/or questionnaire) that addresses important questions, identifies important issues and details of the agreement, and includes as many members of the family as might be helpful (including at the very least the family members involved in providing services and compensation, and, in many cases, the extended family members who may be affected by the agreement). After the draft is complete, the family will have a chance to discuss the proposed agreement, make changes if necessary, and then execute the agreement by signature of the parties to the contract and a notary public.
Who needs to be involved? The members of the family who are providing services and compensation must be involved. Additionally, Decoro Law Office prefers to include as many family members and professionals involved with the individual’s care as is both practical and helpful. These family members may include extended family of both the caregiver and the individual receiving the care. The professionals involved in managing the individual’s health and well-being should also have an opportunity, if appropriate, to suggest the best ways of providing the individual’s needs and to educate the family in terms of expectations of maintenance and/or improvements. And, lastly, it may be important to involve a licensed health care professional and/or social worker to confirm health care and personal needs of the individual and to confirm reasonable compensation for those needs and services.
How much will it cost? Different attorneys handle compensation for these agreements in different ways. Decoro Law Office prefers to negotiate a flat fee, which would be mutually agreed upon before starting the process, and would include all services rendered (including, but not limited to: the process of creating the content and preliminary draft of the agreement, and the process of validly executing the final agreement). The actual cost will depend on the size and cooperation of the parties involved, and the complexities of the contractual arrangements.
This blog is written by Bridget-Michaele Reischl, Attorney DECORO LAW OFFICE, PLLC www.decorolaw.com
ALL READERS: This blog is not, nor shall it be deemed to be, legal advice or counsel. This blog does not create an attorney-client relationship with any reader. It is designed to encourage thoughtful consideration of important legal issues with the expectation that readers will seek professional advice from a licensed attorney.Contact Bridget-Michaele Reischl at: DECORO LAW OFFICE, PLLC 6 West 5th Street, Suite 800-D Saint Paul, MN 55102 (651)-321-3058 [email protected]