Elder Law

Personal Care Agreement

A written caregiver contract at a fair rate, so payments to a family caregiver are not treated as gifts.

What you get

  • An editable Word document, drafted from your answers and the state's official text.
  • A proof of sources: every citation in the draft with the words it quotes, the official source, the date the text was saved and its fingerprint.
  • Notes for counsel listing each point marked [VERIFY], each blank and each choice left for the client.

What the intake asks

Plain questions, in the order an attorney would take the facts. Anything left blank stays a marked blank in the draft; nothing is invented to fill it.

The care recipient

  • Client's full legal name
  • Age, health and care
  • Caregiver
  • Signing for the care recipient

The care

  • Services
  • Compensation

Terms

  • Tax and payroll
  • Time records
  • Term and ending
  • Other instructions or open decisions

Where it is offered

Every state Lawsmith has official sources for:

Official sources on file

The drafter works from the texts Lawsmith has saved for this document in the state you choose, plus federal law where it applies. Each is read from the official publisher and dated.

StateSources for this document
California10
Connecticut13
Delaware12
District of Columbia11
Florida9
Maryland10
Massachusetts11
New Jersey13
New York14
Ohio11
Pennsylvania14
Texas11
Virginia12

Among them, for New Jersey:

  • N.J.S.A. 46:2B-8.13 Fiduciary status and duty to account.
  • N.J.S.A. 46:2B-8.12 Compensation of the attorney-in-fact.
  • N.J.S.A. 30:4D-3 Definitions (New Jersey Medical Assistance and Health Services Act).
  • N.J.A.C. 10:71 Medicaid Only (full chapter as published by the Department of Human Services).
  • N.J.S.A. 3B:12-57 Powers and duties of a guardian of the person of a ward.

How the draft is checked

Before it writes, the drafter must quote the official text behind each citation. Lawsmith compares every quotation with the text on file, character for character; a citation with no checked quotation reaches you marked [VERIFY]. The draft still needs your review before it is signed, filed or sent. How citations are checked

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