Caregiver Agreement Attorneys Serving Western PA
At some point in life, many people are unable to care for themselves anymore and need professional assistance. Often, the loved ones of the family member are required to set up a caregiver agreement to ensure that their parent or relative receiving the care that they need. To learn more about how Heritage Elder Law & Estate Planning can assist you as you make these difficult decisions, contact our office today.
Should my family set up a caregiver agreement when caring for a loved one?
Care contracts, or caregiver contracts, are essential tools to document expenses and/or care that is provided between family members when a person is receiving care, but they are not in a personal care setting or a skilled nursing facility.
The scenario often plays out as follows: Mom and dad need additional care and as the care increases, there is a child that often takes care of mom and/or dad. He or she may or may not live inside the home and this situation can go on for months or many years. Out of kindness and the love that exists between the family members, the care is often freely given. This care usually continues until the family members get to the point where additional care is needed and the family members cannot provide it.
The loved one then goes into the nursing home, only to find out that to gain eligibility for medical assistance the assets have to be spent down. This prompts the family member to then say, “Can I get paid for the time I provided services for mom and dad?” The general answer is, no. Going back retroactively, trying to receive assets that were freely given for a period of time is often difficult. Depending on the situation, we can go back a little bit, but not as far as when the care began. Therefore, the opportunity is lost.
Anytime you have a family member taking care of another family member within a caregiving situation, it is extremely important that you document the care provided, hours worked, and amount of resources transferred in exchange for these services with a valid contract. This contract will allow mom and dad’s assets to compensate a family member, whether it be now or later down the road. Once the contract is enforceable and in writing, it creates a planning opportunity should the level of care elevate and the family needs to look for medical assistance in the future.
Contact a Butler County Elder Law Attorney
Caring for a loved one can be just as rewarding as it is challenging. Do not let the opportunity pass you by to understand what needs to be in place in order when creating an enforceable contract within family members. Please reach out to our office if you are caring for a loved one and you want to make sure you are not throwing money away and/or wasting planning opportunities, whether it be in the short-term or long-term future. Contact Heritage Elder Law & Estate Planning, LLC today to discuss your needs.