Caring for an elderly or disabled loved one can be a challenging and complicated task, even for families who are emotionally close. A caregiver assignment can help families find clarity about who, when, where, and how to care for their loved one.
A caregiver assignment is a legal document that details how a loved one will be cared for by family members or third-party caregivers, such as a nursing home or home health aide. A caregiver assignment can help families find consensus and mutual understanding about the type, duration, frequency, cost, and legal requirements of their loved one’s care.
Why Is a Caregiver Assignment Necessary?
There are many reasons why a caregiver assignment may be necessary:
- To protect the loved one: A caregiver assignment will describe in detail how care will be provided to your loved one, ensuring that they receive the best possible care during their lifetime.
- To protect the caregiver: A caregiver assignment provides everyone involved with a mutual understanding of the caregiver’s responsibilities. This protects the caregiver from being unfairly burdened or unpaid.
- To avoid conflict within families: A thoroughly considered caregiver assignment lets each member of the family know their respective responsibilities, how the care will be financed, and what to expect in the future as their loved one’s condition progresses. This will help avoid surprises and conflicts that frequently occur as responsibilities, time commitments, and costs change or increase over time.
- To comply with the law: If your loved one is receiving Medicaid benefits, there are strict rules and requirements that must be observed, which can be incorporated into the caregiver assignment.
How Do You Create a Caregiver Assignment?
The following steps are important in creating a caregiver assignment:
- Work with an attorney who is experienced in creating caregiver assignments
- Involve and consult all members of the family in the process of creating the caregiver assignment
- Include the following elements:
- Who will provide the care and what type, dates, times, and frequency
- List of external sources for medical care and equipment
- All medications the loved one needs as well as schedule and doses
- The loved one’s current insurance information including co-pays, deductibles, coverage, and premiums
- Financial plan for paying for care
- Legal plan for providing and paying for care
- Responsibilities of each family member party to the caregiver assignment
- Plan for adjusting care as conditions change
- Suitable assisted living or other facilities
- External caregiving services and providers
- A summary of the loved one’s medical history
- Have all parties to the agreement sign and date the agreement
The agreement should be reviewed and updated on an annual basis at a minimum. It should also be updated whenever the loved one’s needs change, the finances change, or the family member’s responsibilities change.
Contact a Tampa Elder Law Attorney
If your family is facing difficult decisions regarding the care of an elderly or disabled family member, contact a Tampa elder care attorney who can advise you on your situation and, if necessary, create a caregiver assignment for your loved one. If you need assistance, we are here to offer guidance and support. Simply contact our Brandon law firm at (813) 438-8503 to schedule a consultation.