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Can a daughter in law take 24 hour care of her 94 year old…

Customer Question
Can a daughter in...

Can a daughter in law take 24 hour care of her 94 year old invalid mother in law and be paid by her. Without having to pay it back a year later when she goes in a nursing home?

Lawyer's Assistant: What steps has she taken? Has she filed any papers in family court?

No

Lawyer's Assistant: Family law varies by state. What state is she in?

Virginia

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not now

Submitted: 4 months ago.Category: Family Law
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Answered in 6 hours by:
3/15/2018
Family Lawyer: Jessica B,
 replied 4 months ago
Jessica B
Category: Family Law
Satisfied Customers: 1,686
Experience: Attorney at Donald B. Linsky & Associates, PA
Verified

Hello. My name is ***** ***** I am a licensed attorney. I hope I may be of assistance with your question. Please remember to rate my service at the end of this session. Thank you!

First, was there a written Personal Caretaker Agreement between the daughter-in-law and mother-in-law?

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Family Lawyer: Jessica B,
 replied 4 months ago

A personal care agreement (also known as a personal services contract) is an agreement between a person who needs care and another person who is willing to provide these services for compensation. Parent-child care agreements are the most common, but agreements can be drawn up between other family members, friends, private caregivers, etc. Personal care agreements typically must include the following components to avoid the transfer of money being deemed a gift by Medicaid:

  • The agreement must be put in writing prior to the delivery of the personal care services.
  • The agreement must detail which services are included and which are excluded for the purposes of compensation (e.g. non-medical care only, meal preparation, light housekeeping, assistance with activities of daily living, transportation).
  • It must be signed by both the care recipient and the person agreeing to perform the services. (If the recipient is unable to sign due to mental incapacity, their power of attorney may sign on their behalf.)
  • All signatures on the contractual agreement must be notarized at the time of signing.
  • The agreement must have a contract date.
  • It must specify rates for services that are comparable to the rates charged by commercial care providers located in the same general area.
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