Q: Although my older sister and I served as powers for our mother and took into account the Advanced Health Care Directive, my younger sister does not want to stick to the consensus of her other siblings. She wants my mom to leave Hawaii and move in with her in California. We think it`s better for them to stay in Hawaii. Can it repeal our decision… If so, can it also repeal the decisions we make under the Expanded Health Directive? When developing a contract, it is important to think about financial factors such as Medicaid and the taxation of health care workers. The creation of a guardian contract begins with a discussion involving all family members. This discussion should take place at a time when all family members can be involved and the topic should contain all the details related to elder care. “We don`t want to think of our families as a burden, but care can cause burnout,” says Angela Manz, a lawyer with Manz Law Firm in Virginia Beach, Virginia. “We must do everything in our power to raise our caregivers.” When family members meet to take care of a guardian contract, there may be a number of problems. These are the issues that the care contract should resolve and therefore mitigate in order to use all parties involved.
Family members may be divided on who will bring money and how much money they pay to care for the elderly. Financial differences are common, but they need to be discussed and a solution found. In some cases, child care allowances may be distributed among different family members or deducted from the senior`s estate. Those who care for a loved one can make a considerable sacrifice: job giving up and work allowance. A formal agreement between family members may provide an opportunity to compensate a caregiver if he or she is no longer able to behave like another job. While most family members want to help and feel a sense of duty to care for a loved one, it is a job with heavy obligations of time and responsibilities. One way to protect the caregiver and the patient is to place the care relationship in writing. The tutor does not provide daily information on the benefits and payments provided. Sometimes this protocol is necessary for Medicaid as additional proof that payments have been made to the caregiver for care services instead of giving them as a gift. While it is not prohibited to enter into a spousal personal care contract, this technique will not work if the purpose of the contract is to “spend” excess assets to reach the Medicaid limit.
This is due to the fact that all assets of a couple are considered to be held collectively.