If you continue to live at home, you may need assistance as you age. One common dispute is over caregiving. If a family member agrees to be a primary caregiver, it is important to carefully determine – in writing – the role and responsibility of that caregiver.

Do not rely on oral agreements or understandings. This is especially true if you are going to compensate your caregiver. If a child or relative takes on the responsibility of care, you should spell out in writing the expectations and the compensation. A well-drafted caregiver contract can prevent problems in the future.

The general criteria for a Medicaid-compliant caregiver agreement are that it be in writing, made before services are rendered, and define the compensation. It must be made by an individual who is not in a facility or receiving other community-based services. The care must exceed normal personal support activities, such as routine transportation and shopping. The care generally consists of supervising medication, monitoring nutritional status, and ensuring the safety of the individual.

The experienced elder law attorneys at Abendroth Russell Barnett Law Firm can advise you on all of your questions regarding caregiver contracts.