Contract start/duration Date 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. Medical Procuration – Gives caregivers the right to make health decisions on behalf of someone else. This is common practice when the patient is unable to speak for himself or herself and a caregiver is entrusted with the obligation to make decisions for the good of the patient. This form also contains a living will that allows the patient to make “end-of-life” decisions if he is in a state of guardianship for a long time. 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. National Care Planning Councilwww.longtermcarelink.net If possible, write down your meeting or let someone take notes. You can distribute meeting notes to other family members to encourage them to make future references. Consider creating a “Personal Care Agreement” with the necessary documents. A person should facilitate the meeting in order to keep the discussion going or set limits when the discussion is out of control. Some families choose an external facilitator, social worker, clergyman, geriatric care director or other person who has no personal interest in the outcome of the meeting.

It may be necessary to have more than one meeting. In the case of a long-term care applicant who pays a caregiver without this formal contract, Medicaid will most likely consider these payments as gifts and therefore a violation of the look back rule. A care contract legitimizes the reasons why payments are made to the individual, or otherwise indicated, provides evidence that the money is paid by the Medicaid applicant to receive care. If only one informal oral agreement has been reached, there is no evidence that the person receives money from the Medicaid applicant. In addition to the contractual agreement, tutors should maintain a daily protocol detailing the services provided, the hours worked and the payments received. This provides further evidence of the relationship between the Medicaid applicant (care recipient) and the caregiver if Medicaid needs it. Amendment/Re termination Clause A clause allowing changes to the care contract to be amended if both parties agree to the changes should be introduced. If the agreement is long-term, it is strongly recommended that the agreement be reviewed and amended each year. A clause allowing the termination of the contract is also recommended. The tutor`s duties should be clearly specified in the agreement, but may include the term “or similar agreed by the parties” for flexibility.