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Looking for examples of drafting a personal care contract using a small interest in real estate as payment. Value is worth about $25,000. It’s a shared interest in a condo, I already own half and my mother owns the other half. No mortgage. I will be providing services to her in exchange for her transferring her interest in the condo to me. Just having trouble determining how to draft this as the transfer is not an ongoing payment the deed will be signed/recorded and then transferred. So considered a lump sum payment I guess? Is payment at the end of services or in the middle? Any assistance appreciated. Thank you.

Sirens. Warning bells. Flashing lights everywhere.
This is a question for an attorney.
Wishing you best of luck.
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Reply to AlvaDeer
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Even if you can legally be compensated in such a way, what are the implications if you can no longer or do not want to carry out hands-on caregiving or be her PoA or legal representative anymore for a variety of reasons? If you peruse this forum you will read about all sorts of medical and mental health or toxic family problems that make the caregiving intolerable and damaging. Just something to ask the attorney.
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Reply to Geaton777
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The lawyer will also help determine taxes due for the transfer and personal care service agreement.
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Reply to Guestshopadmin
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Like the others have said, I wouldn’t touch this without getting an elder care attorney involved.
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Reply to Bulldog54321
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So the answer is definitely talk to an elder attorney in your state but for what it's worth...speculation based on my vast googling for our purposes, I'm guessing this is a version of a personal care contract that requires:

- Careful estimation of the elder's life expectancy (using actuarial tables), services to be provided, reasonable hourly rate, etc., to come to the "what they pay me" side

- A professional home appraisal to lock down the actual value of the property to be transferred

- Transfer as an up-front lump sum

- Note, use a more comprehensive source of ADLs that includes financial management etc. as a personal service to capture all of the time/services you anticipate providing, vs. just hands-on care.

Best of luck :)
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Reply to DaughterByLaw
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Yes, this should be done with the helpnof a lawyer. Maybe an Elder lawyer who is versed in Medicaid law. With Medicaid there is a 5 yr lookback and transferring anything within that time could mean penalties.
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Reply to JoAnn29
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I would encourage you to seek legal help with this. Transferring property has state, county and city specific requirements and you don't want to get it wrong.

You can contact your state bar association or county bar association and for a small fee, 50.00 where I live, and get an initial consultation. Research your states statutes to see what the law says about this to formulate questions for that meeting. This can help you aquire the information you need to do this legally.

I assume you want this in the event she needs long term care Medicaid, facility placement. If it is only community medicaid, which means she gets care in home, find out what their MERP is or isn't. You may be able to do a Quit Claim Deed if it is community based care.

This is why an attorney is required.
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Reply to Isthisrealyreal
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I am my grandmother's caregiver. 3 years ago, we sold her house, sold our house and bought a new one to fit both of our needs. We used the proceeds from her house as the down payment plus money for renovations to fit her needs. We had a lawyer draft a caregiver agreement for the proceeds from her house. It was lump sum. The personal care giver agreement keeps the money safe from Medicaid and enables us to not count it as an asset so she can qualify for care.

This website may be helpful:
https://www.caregiver.org/resource/personal-care-agreements/
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Reply to Murciaashley
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