From Alan G. Orlowsky

Orlowsky & Wilson, Ltd.

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Alan G. Orlowsky

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Caregiver Agreements

 
For most, a family caregiver is usually the child of an elderly parent. Often it is a full time - unpaid job. While we love our parents and grandparents, no one is ever prepared for the burden of providing elder care. It can be a physical, emotional, and financial drain. It also creates some fundamental unfairness among children as the child providing the care gives up a lot.

One of our colleagues relates this story about his client, Ellen.

Ellen was recovering at home in Massachusetts for weeks after a major hip replacement. Ellen, 82 and independent, underestimated how long the recovery would take. She was not ready for round the clock nursing home care, but she needed assistance taking her medication on time and getting back and forth to doctors and other service providers. The only one of her children who was able to take her in was her youngest daughter, Jane, who lived in Ohio.

To ensure that Ellen was safe and well cared for, Jane moved her mother to Ohio to live with her and her family. Jane had three teenage children and she owned her own business. The responsibility of taking care of her mother hit Jane with a bang.

Every night Jane was up and down with her mom at least 2 to 3 times. She transported her back and forth to doctors, hair appointments, dentists, physical therapists and many other activities. While Jane loved spending the time with her mom, that increased commitment took energy away from the family business as well as the needs of her husband and children.

After discussing the matter, Ellen agreed that Jane should be compensated (although that is a term that did not sit well with either one) for the time Jane spent caring for Ellen. In the end, they were both happy with the decision. Ellen was well cared for and living with loved ones and Jane was happy that she could afford to spend the time with her mother.

Both Ellen and Jane decided that the best thing to do was to visit a lawyer to have a caregiver agreement written to cover all the key points of the agreement between Ellen and Jane so there would be no misunderstandings, including problems with Jane’s siblings.

Later, when Ellen had to enter a nursing home, the caregiver agreement helped to protect Ellen’s estate from potentially costly nursing home expenses.

A caregiver agreement can keep everyone on the same page and reduce family stress. It can assure that the family member caregiver will be paid for the substantial time spent providing care. In addition, such agreements may be able to help with Medicaid eligibility.

Next month we will look at some of the key points to be covered in a care giver agreement.

If you have questions,  click here to have our office call to set up a time to discuss this with you.

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