New York Estate Planning & Elder Law Blog
It’s a common occurrence for family and friends to be the caregiver for disabled and elderly loved ones. In these situations, it is critical to understand that caregiver assignments are legal documents that both define as well as describe how a loved one should be cared for by another individual, which often will include a family member or friend. These agreements play the critical role of making sure that family members and loved ones both agree and understand the labor and cost associated with caring for a loved one. To better help you understand the role that a caregiver agreement can play in your estate plan, this article reviews some critical issues that you should consider about such agreements.
Why Caregiver Assignments Are Important
Caregiver assignments are an invaluable tool for making sure that a loved one receives the best care possible from both family members as well as medical providers. These documents can also perform the invaluable role of protecting caregivers by performing the necessary task of describing how much a caregiver should receive as well as the plan of action for such care. Caregiver assignments also often perform a valuable role in avoiding family conflicts.
What Should Be Included in Caregiver Assignments
Caregiver assignments should include several important features, which include:
- Care plans. Caregiver assignments should almost always include detailed plans about the type of care that will be received including who will provide the type of care, what type of care will be received, and how often the care will be administered.
- Financial plans. It is important to appreciate how employment taxes should be paid and from where caregivers will receive compensation. As a result, agreements should address critical issues like how much a caregiver should be paid and how such distributions should be made.
- Future plans. As the person in need of care experiences changes in either his or her mental or physical conditions, plans should be created to address how to approach these developments. This might mean that the caregiver is committed to visiting medical facilities and performing other necessary research to make sure that appropriate care is provided.
- Legal plans. When Medicaid may be necessary to compensate a caregiver, it is critical to make sure that an attorney is obtained to make sure that a lawyer is adequately retained. Lawyers can help families navigate various issues including those associated with Medicaid and estate gifting.
- Medicaid plans. Medicaid has strict requirements and if a loved one must be moved into a care facility, it is important to make sure that these requirements are followed. By anticipating issues with Medicaid in caregiver agreements, it is possible to avoid complications later on.
Speak with a Compassionate Elder Law Attorney
If you have questions or concerns about any aspect of the elder law process, one of the best steps that you can take is to speak with an experienced estate planning attorney. Contact Ettinger Law Firm today to schedule a free case evaluation today.