Another legal consideration is that the beneficiary is not able 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. A personalized care contract includes: Start date/duration of contract The date on which care begins must be included in the agreement. Remember, this must be a future date; The contract cannot be backdated. It is also important to include the duration of the agreement. This can be short-term, as only a few years, or for the life of the individual. It is essential that lump sum payments are properly calculated. A miscalculation of the payment is for Medicaid opportunity to consider it as a gift, even in states that allow this type of payment. Therefore, it could violate the Medicaid rule look back and lead to a period of Medicaid ineligibility. A lump sum payment is calculated using two factors; a reasonable hourly wage (market rate) and the life expectancy of the caregiver using an actuarial life chart (a table that calculates the remaining life expectancy of people of different ages).
If a Medicaid recipient dies earlier than the calculated life expectancy, the remaining funds may have to go to Medicaid. In the case of a long-term care applicant who pays a caregiver without this formal contract, Medicaid will most likely consider these payments as gifts and therefore a violation of the look back rule. A care contract legitimizes the reasons why payments are made to the individual, or otherwise indicated, provides evidence that the money is paid by the Medicaid applicant to receive care. If only one informal oral agreement has been reached, there is no evidence that the person receives money from the Medicaid applicant. In addition to the contractual agreement, tutors should maintain a daily protocol detailing the services provided, the hours worked and the payments received. This provides further evidence of the relationship between the Medicaid applicant (care recipient) and the caregiver if Medicaid needs it. It is a binding agreement, also known as the Agreement on Personal Care of Long-Term Care, a contract for elder care or a family care or care contract. Most of the time, it is called the body care contract. This agreement can assure family caregivers that they will not have unwarranted financial consequences. At the same time, the agreement can also assure your favorite person that he or she has a caring lawyer to meet care needs. When planning the family reunion, it is important to include all necessary members. The question is whether the caregiver will participate.
If your loved one has a cognitive disease (e.g. Alzheimer`s disease or other dementia), ask if he or she has the ability to understand the discussion and if it is likely to interfere.