Consider talking to an experienced Medicaid lawyer to see what requirements may apply to your situation and your condition. Personal care contracts are particularly important if, in the future, an older person may need long-term care such as home care. That`s because Medicaid has an asset limit of $2,000 for most countries. (To view status-specific asset limits, click here). To prevent seniors from “giving” their fortunes beyond the limit to become eligible, Medicaid has a 5-year “back look back” rule (2.5 years in California). During the “retrospective” period, all prior asset transfers will be audited to ensure that they have not been “given” and, if it is established that an applicant has violated this rule, a Medicaid ineligibility penalty will be imposed. Compensation and payment rate The contract must include the tutor`s rate of pay which, as noted above, must not be more than the current rate in the area where one resides. The number of times the tutor is paid is also included. For example, is the tutor paid once a week, two weeks, once a month, or has the payment been made in a lump sum? Here`s what shouldn`t happen: a girl, say, moves in with mom, who secretly pays her. There may be blowups when siblings find out.
In addition, without written agreement, Medicaid may consider these payments as gifts – which delays the mother`s access to care homes if she ever needs them, said Michael Amoruso, president of the National Academy of Defense of the Elder Attorneys. Personal care agreements should contain the following information: when planning a 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. Are there “hot button” topics that are not discussed in their presence? How important is it for them to participate in decisions made on their behalf? Participation in all or part of the meeting may allow the caregiver to build confidence in the care team. This may help to cooperate later if tougher decisions are to be made. When drawing up an agreement, it will be specified for a family what tasks are to be expected in return for declared compensation. This can help avoid family conflicts over who needs care and the amount of money that will change ownership.
This is why the agreement should be discussed with other family members in order to resolve any potential problems before an agreement is reached. A personal care contract has three basic conditions for a person that a family member must pay for care: Learn how a care contract can help your family, as well as expert advice, to establish and manage a legal care agreement. No, it is not necessary to hire a lawyer to create a personal care contract, but in some situations it is highly recommended to seek advice and advice from a professional Medicaid planner. This is particularly the case when the recipient plans to seek long-term care in the future. If a personal care agreement is not drafted correctly, a Medicaid applicant may unknowingly violate Medicaid`s return rule and be punished with a period of Medicaid ineligibility. Medicaid experts are familiar with the specific rules for personal care agreements in the state in which you live and can help ensure that the contract complies with Medicaid.