A guardian is someone who is paid to care for another person, usually an elderly person or someone with special needs. A tutor is paid for daily care such as transportation, meal preparation, household management and other individual needs. As a general rule, the tutor will follow a weekly schedule set either in the agreement or by the parties. But who`s going to take care of that? The answer is usually close to home: an adult child. A sibling child may become a default guardian, or one of them is chosen because he or she lives more closely or because he or she has fewer family responsibilities. 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 properly drafted personal care agreement includes: the agreement is usually a contract between a family member who agrees to provide care services to a disabled or aging parent and caregiver. The personal care agreement is most common between an adult child or their parent, but other parents may be involved, for example. B an adult grandchild caring for a grandparent. Is there a provision for room and meal expenses if the recipient lives with the caregiver (in proportion to benefits, mortgage, insurance, taxes)? Think about what happens when the recipient moves into a care facility.
Is health or dependency insurance purchased to cover the caregiver? If so, insert this into the personal care contract and you are specific without being inflexible. Consider adding an allowance for expenses that are easy to overlook. Those who care for a loved one can make a considerable sacrifice: job giving up and work allowance. A formal agreement between family members may provide an opportunity to compensate a caregiver if he or she is no longer able to behave like another job. While most family members want to help and feel a sense of duty to care for a loved one, it is a job with heavy obligations of time and responsibilities. One way to protect the caregiver and the patient is to place the care relationship in writing. If the hired guardian is a family member or friend who lives in the same house, there may be tax benefits for the employer. Simply put, if the caregiver is there to “care” for the patient and does not give up more than 20% of his daily activities, the caregiver cannot be entitled to a minimum wage.
You don`t necessarily need to hire a lawyer, but it may be advisable to enter into a contract. It depends on your circumstances and the complexity of an agreement that requires your family. If you are considering a pre-paid lump sum care contract, you should contact a lawyer. A contract is complex and it is more difficult to compensate for the “fair market” in the value of care services. A monthly or bi-per-month salary for care services is easier to follow, especially for medical purposes. If you are not satisfied with these transactions, speak to a lawyer to avoid conflicts later. Depending on the situation, the guardian may be considered a salaried worker or an independent contractor under national and federal law. A care contract has three basic conditions for a person that a family member must pay for care: the caregiver`s duties should be clearly stated in the agreement, but may include the term “or similar agreed by the parties” for flexibility.