Alzheimer's Information Center - Caregiver Agreements

What You Gain By Hiring Your Kids to Help You

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  • Approximately 70% of Alzheimer’s patients are cared for at home. Even with professional home care services provided by Medicaid, family members still tend to put a lot of time and effort into responding to an ill parent’s needs.

    There is a special planning tool used by New York Elder Law attorneys to deliver a multitude of benefits in situations like these. It’s called a Caregiver Agreement.

    A Caregiver Agreement is a contract between an individual who requires assistance with medical and health care needs, and the party who is to provide services. Often this is a son or daughter, but could also be a friend or even an agency. Several significant advantages are gained with this procedure:

    1. First, from the perspective of sheltering existing financial assets, Caregiver Agreements are a powerful tool to legally transfer money out of your name in a Medicaid-compliant manner.
    2. Second, health care attendants at home or in a nursing facility may not be able to provide all the services or companionship you would ideally like to have. A Caregiver Agreement allows you to secure these extras for yourself, once again in a Medicaid-compliant manner.
    3. And third, Caregiver Agreements are a wonderful way to assist family members who may be having a hard time financially, especially in a difficult economy. It’s not always easy for loved ones to care for an elderly parent with Alzheimer’s or a dementia-related illness. The Caregiver Agreement allows both parties to feel good about the arrangement. You are providing compensation for the services you receive, which is often greatly appreciated by the caregiver.

    There are very specific legal criteria that have to be met in drafting a valid Caregiver Agreement that will withstand Medicaid scrutiny. Lamson & Cutner has extensive experience in preparing them for clients and in achieving the desired results. Here’s an example:

    The client entered a nursing facility, and wanted more care and attention than the staff could offer. Lamson & Cutner Medicaid lawyers drafted a Caregiver Agreement that allowed her daughter to be compensated for providing these extra services. The mother was happy, the daughter was delighted to gain additional income, and the family was able to stop worrying so much about Mom. Because the contract was drafted properly, Mom continued to receive her Medicaid benefits, and when she passed on, her daughter only had to pay back to Medicaid a small fraction of the money she had received.

To learn more about the advantages Elder Law planning can provide for you and your family, download Lamson & Cutner’s FREE, informative Special Reports now:

The Top Ten Elder Law Strategies for Alzheimer’s Patients and Their Families

25 Strategies to Prevent Financial Ruin for Long-Term Health Care Costs

Speak to a New York Elder Law attorney today at Lamson & Cutner, to discover more about how a Caregiver Agreement can benefit you and your family. You can reach a Medicaid lawyer at the firm toll-free at 1 (212) 447-8690.