Charlotte Elder Law Attorney – 704.870.0340
In many cases, an elder is not given regular care by a professional assisted
living orderly or a nursing home. Instead, family members are put in charge
of taking care of an elder in day-to-day situations. In order to keep
the expectations of a familial caregiver clear and to avoid any legal
conflict in the future, it is highly recommended that a caregiver agreement
– also called a family care contract – be drafted. A correctly
drafted caregiver agreement will help protect both parties from complications,
and creating one sooner than later is always better.
If you need to create a caregiver agreement, either as the caregiver, a
family member, or an elder who needs care, Kelli Y. Allen Immigration
& Elder Law can help. Our Charlotte elder law attorney has assisted
clients all throughout North Carolina. We genuinely like helping families
get through difficult times and prepare for a more comfortable tomorrow.
Four of the top reasons to choose our law firm:
- We are known for creating personalized legal solutions – no cookie-cutter
- We are well-versed in all aspects of elder law in North Carolina.
- Our law firm’s small size allows us to truly focus on each client.
- Initial consultations are face-to-face to establish a trusting client-attorney
Want to schedule a consultation
of your own? Contact our firm
Basic Provisions of a Caregiver Agreement
What should your caregiver agreement include and why? The answer will vary
slightly from case to case depending on your unique needs. However, it
always helps to be thorough and to consider some groundwork basics of
caregiver agreements. Keep in mind that such a contract will only apply
to any future care given, not current or past care.
In your caregiver agreement, you will probably want to discuss:
Work done: The bulk of your caregiver agreement should discuss the work to be done
by the caregiver. Consider all the possible tasks that are or may become
necessary to care for your elderly loved one. Driving to the grocery store,
cleaning laundry, cooking dinner, and administering prescription drugs
are all common examples of work to be completed by caregivers.
Compensation given: After the work expectations are established, you must consider how much
compensation the caregiver should receive and in what intervals. Family
members will sometimes agree to minimal amounts of pay but you should
consider paying at least minimum wage to reduce the chances of a legal
Duration of care: Is the caregiver agreeing to taking care of the elder until further notice?
Or, will the care agreement end in a year or so? We can help you decide
the duration of care, as well as discussing a clause that lets either
the caregiver or the elder to leave the contract early.
Medical emergencies: A caregiver should be given specific instructions regarding how to react
during a medical emergency involving the elder. Failing to follow those
instructions could place liability on the caregiver if the matter escalates
to an injury claim later.
You may also want to include language in your caregiver agreement that
discusses liability in accidents or unexpected incidents. Caregivers are
usually immune to liability unless it can be shown that they acted negligently,
recklessly, or maliciously while caring for their elder.
Caring Legal Counsel Backed by Real Experience
A caregiver agreement can feel like both a strict legal contract and an
informal agreement between family members. Let our Charlotte elder law
attorney help you sort it out to decide what should or should not be said
in the agreement. Call
704.870.0340 to discuss options during an
initial consultation today.