Personal Care Agreements

Deborah Ann Wainey (Avard Law Offices, Cape Coral, Flordia) has recently published her article entitled Preventing Family Feuds, Trial, April 2009, at 30.

Here is an excerpt from her article:

When families choose to care for aging relatives at home, these arrangements can strain even the strongest bonds. * * *

A useful tool in these circumstances is the personal service contract, sometimes known as a personal care agreement. This is a compact between parent and child that says the child agrees to provide certain services to the parent in exchange for a specified compensation.

You might wonder why people need an attorney to formalize such a transaction, but there are pitfalls to this type of arrangement that highlight the importance of a sound legal document drafted by a lawyer who is familiar with elder law issues and whom both parent and child can rely on for guidance and protection.

In fact, the lack of a written agreement can lead to disastrous results.