Personal Care Agreement
A personal care contract has three basic conditions for a person to pay a family member for care: Start date/contract duration The date on which care begins must be included in the agreement. Remember, this must be a future date; The contract cannot be backdated. It is also important to include the duration of the agreement. This can be short-term, as only a few years, or for the life of the individual. A properly drafted personal care contract is included: Medicaid (Medi-Cal, California) is a state and federal program that can pay the cost of long-term care for people with limited incomes and assets. To qualify for Medicaid, an individual`s expenses and assets are subject to a “look back” period of up to five years. This is sometimes referred to as “monetary value.” If the recipient is to enter an institution or request other services that Medicaid could pay for, the personal care contract may show that care was a legitimate expense and not an attempt to conceal assets by giving cash to family members. The recipient pays the “value” in personal care. Family Caregiver Agreements/Personal Services Contracts are not limited to Florida Medicaid programs. In fact, a personal service contract can also operate in an ISS position. SSI refers to social security income, whose qualification is based on the applicant`s disability and limited resources. Unlike Florida long-term care drugs (which has a five-year delay back), SSI has a three-year return period to evaluate asset transfer for less than fair value.
Fortunately, the Social Security Administration has decided that personal service contracts can be useful in determining eligibility for the ISS (Link is available with the corresponding POMS section that reviews the SSA case to the point). National Care Planning Councilwww.longtermcarelink.net There is no legal obligation for any member (of the family or not) to provide these services free of charge. Indeed, it is precisely this issue that has been questioned and (in favour of the use of the family care agreement) by the 4th District Court of Appeal of Thomas v. Dept of Children – Families, 707 So 2d 954 (Fla.4th DCA 1998). The personal service contract then becomes a useful tool to help the Medicaid applicant legally spend his assets in order to support Medicaid qualification in a way that would not impose a penalty.by