In offence law, a duty of care is a legal duty imposed on a person that requires a standard of due diligence to be met in the conduct of acts that may foreseeably harm others. This is the first element that must be defined to pursue a negligent lawsuit. The applicant must be able to justify a legal duty of care that the defendant has breached. Breach of an obligation may in turn render a person liable. The duty of care may be imposed by law between persons who do not have a current direct relationship (family, contractual or otherwise), but who are ultimately used in some way, as defined in the common law (i.e., case law). The precise definition of the appropriate standards of care for a loved one and the responsibilities and limitations of the care provided by the caregiver avoids any ambiguity for the benefit of all parties concerned. As mentioned above, each state has a wealth restriction that must be met in order to be eligible for Medicaid. A properly crafted personal care agreement can help “spend” the power to qualify for Medicaid. Remember that it is important that the personalized care agreement is properly designed so as not to violate the Medicaid retrospective period. It is highly recommended to seek help in developing a personalized living care agreement if one expects to apply for Medicaid in the future.

It is also recommended to keep a daily report that documents the care provided against payment. You can contact a Medicaid planning expert to see if this strategy would be right for your family. Another legal consideration is that the beneficiary is not able to sign the contract. The person holding the power of attorney or the guardian or custodian may sign. If the family assistant also has the power of attorney or legal guardianship of the beneficiary, consult a lawyer. If you think no lawyer is needed, you can find examples of agreements in the Resources section. The tasks of the carer must be clearly specified in the agreement, but may, for reasons of flexibility, include the notion of “or something else that must be mutually agreed between the parties”. If the agreement is too rigid, it must be rewritten if circumstances change. ● The contract must be signed and dated by both the patient (or a power of attorney) and the caregiver. Termination clause – Perhaps you would like to insert a statement clarifying that the contract can be terminated by both parties, provided that the termination is in writing. In this way, if the agreement does not work for either the caregiver or the caregiver for the elderly, there is a way out of the agreement.

By using a life care contract, an elderly parent can reduce their income or wealth, get care from a family member, and help themselves qualify for Medicaid-funded health care. . . .