Life expectancy creates the greatest financial constraint when a personal services contract is used as part of a Medicaid planning or Medicaid qualification strategy. The older a person is, the less life expectancy they have. The lower their life expectancy, the less money to be transferred to dependents. The less money can be transferred with impunity to a caregiver, the more we need to rely on other Medicaid strategies that might not let as much money stay in the family. The only restriction on signing a caretaker contract before Florida Medicaid`s application is that the contract must be valid. In other words, the person in charge must already help the prospective Medicaid applicant. Examples of care include: body care, food purchases, meal preparation, budget management, laundry, household and physician bill coordination, telephony, financial management, transportation (taking into account mileage), monitoring and management of medicines, monitoring of health changes and association with doctors. The personal service contract is “executed” so that care services must be provided “as needed” to be convened at a later date. The services provided must not be repeated if they are already provided by the assisted housing or nursing home institution. If the Medicaid applicant was doping only $50,000 to his adult child, Medicaid would treat the transfer as a gift – and impose a fine (which could cost the plaintiff tens of thousands of dollars). However, if $50,000 (if this amount is calculated as fair value, as shown below) is to be paid for services requiring care under the terms of a personal service contract, Medicaid would not treat this transfer as a gift. The manager cannot obtain more than the fair value of the services provided.
The average number of weekly hours the tutor will work must be taken into account, in addition to the current rate of pay in the Community for these services. The life expectancy of the elder is also a factor. Payment to the guardian is not considered a gift. Although non-binding, the general understanding is that the caregiver will use the money for the elder if necessary. The Family Caregiver Alliance (FCA) strives to improve the quality of life of caregivers through education, services, research and intercession. Through the National Center on Caregiving, FCA provides information on current social, political and maintenance issues and assists caregivers with your public and private program. For residents of the largest area of the San Francisco Bay Area, the ACF provides direct support services to people with Alzheimer`s disease, stroke, head injuries, Parkinson`s disease and other debilitating health conditions affecting adults. The remuneration of services under a personal service contract depends on the life expectancy of the resident and is paid in advance to the tutor. The tutor`s duties should be clearly specified in the agreement, but may include the term “or similar agreed by the parties” for flexibility.
If the agreement is too rigid, it must be rewritten if circumstances change. In the case of a contract with a family member, it is advisable to consider the agreement as a legal document. If your parent receives state-subsidized home care, the agreement will show the state where the money is going and what kind of services it is for.