You do not necessarily need to hire a lawyer, but it may be advisable to establish a contractual relationship. It depends on your circumstances and the complexity of an agreement your family needs. If you are considering a lump sum care contract paid in advance, you should contact a lawyer. A fixed-price contract is complex and it is more difficult to prove compensation in the sense of a “fair market value” for care. A monthly or bi-monthly salary for care services is easier to follow, especially for Medicaid purposes. If you are not satisfied with these transactions, contact a lawyer to avoid future conflicts. The establishment of an agreement clarifies, for a family, the tasks to be expected in exchange for a given compensation. It can help avoid family conflicts over who will provide care and how much money will change ownership. That is why the agreement should be discussed with other family members in order to resolve the issues before an agreement is reached. If you are entering into a contract with a family member, it is advisable to treat the agreement as a legal document.
If your family receives state-subsidized home care, the agreement tells the state where the money goes and for what kind of services. In addition, a care arrangement can compensate for the potential confusion between family members concerned about legacies to heirs and avoid any subsequent misunderstanding about reducing the amount of money that can be inherited. If the reference person who is hired is a family member or friend who will live in the same house, there may be tax benefits for the employer. Simply put, if the caregiver is there to “take care” of the patient and does not devote more than 20% of her daily activities to the patient, the caregiver may not be entitled to a minimum wage. Depending on the situation, the nursing assistant may be considered an employee or an independent contractor, in accordance with the laws of the Federal State and the Confederation. 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. (d) Financially – This only applies if the caregiver has to pay bills and incidentals on behalf of the client/beneficiary.. . .