Requirements of a Care Agreement

A care agreement is a formal agreement between two parties. One party is providing services. The other party is hiring said individual to provide said services. A care agreement
• must be a formal contract between parties;
• must name the parties involved in the care agreement.
• must outline service and duty terms.
• must outline payment terms.
• must outline breach of contract terms.
• must outline termination of contract terms.
• must outline length of time the contract is valid/active.
• must allow for mutual amendments or changes to contract.
• must be signed and dated by all parties (parent(s) and family member(s)).

Elements of Care in Care Agreements

Care agreements can be customized to each family’s particular situation. The following are basic elements of care that can be explained in a care agreement: 
• Personal Assistance
• Personal Hygiene
• Meals
• Laundry
• Housekeeping
• Transportation Services
• Yard Care
• Shopping
• Social Contacts
• Religious Needs
• Intellectual and Emotional Needs

Purposes for Family Care Agreements

There are many good reasons for families to enter into care agreements, particularly agreements in which a family member is paid for services rendered. 
First, a care agreement spells out for the parent, family, and third parties the details of care a family member will provide to an ailing parent. Caring for a parent even occasionally can be a physical, time-consuming, emotional, and financial burden for a family member. Acting as a parent’s full-time, primary caregiver can be deeply burdensome. A care agreement spells out details of care in a way that is illuminating and helpful for everyone involved.

Second, when a parent needs help, family members often rally around and provide service for their parents free of charge. But caring for a parent can be a significant financial burden, not to speak of the physical and emotional burdens (in taking time off work or in taking time away from their own family duties, for example). A wise parent will set forth in a care agreement details regarding compensation of family members for care services the family performs on the parent’s behalf.

Third, a memorialized care agreement prevents family resentments and disagreements regarding said payments. Misunderstandings and hurt feelings often occur in families during the time an aging parent is being cared for by family members. A carefully drafted care agreement protects in numerous ways a family member serving an aging parent.

Fourth, a care agreement has Medicaid advantages. Without a formal care agreement, the funds used to pay family members are treated as part of the ailing parent’s assets or income for Medicaid eligibility purposes. On the other hand, if an ailing parent is paying a family member (or anticipates paying a family member in the future) for services, a formal care agreement ensures that funds used to pay family members are not treated as the ailing parent’s assets or income for Medicaid eligibility requirements.

Family Care Agreements

A care agreement (also known as a family care agreement, personal care agreement, personal services agreement, care contract, etc.) is an agreement between a parent (or parents) and a family member (or members) in which the family member agrees to care for the parent and the parent agrees to pay the family member for the services performed on behalf of said parent.

Inheriting Retirement Accounts

Transferring a retirement account to beneficiaries upon your death is complicated and if it is not done right can have adverse control and tax consequences.

For example, one issue most people do not consider is minor beneficiaries of retirement accounts. By law, if a child is a minor, the child cannot inherit assets of any kind until said child becomes an adult. If estate planning is not done, the state laws and the retirement agreement default policies will dictate how the minor child will receive the retirement account upon adulthood. The parents will lose the control of how the minor child receives retirement account funds.

Another example is whether or not the retirement agreement policies allow the retirement to pass to beneficiaries per stirpes (to the children of a specific deceased beneficiary) or per capita (to all the issue of one generation) if the estate becomes the beneficiary. If estate planning is not done, the retirement agreement default policies will apply, which might not agree with your planning preferences.

A final example deals with coordinating a retirement account with a trust (which usually gives a person the most control in how assets are distributed to individuals). In coordinating a retirement account with a trust, there are funding issues that can botch up a beneficiary's chance to roll over or stretch a retirement account if the funding is done wrong.

These are just a few examples of issues that effect the transfer of retirement accounts to beneficiaries. It is to a person's advantage to consider the complexities of retirement accounts with an expert estate planning attorney to ensure their retirement accounts get to their beneficiaries in the best possible way.

Here are a few Wall Street Journal articles regarding retirement accounts:
Trust as Beneficiary of IRA Is a Polular Strategy
What a Gift: How to Name a Minor Your IRA Beneficiary
Inherited IRAs: a Sweet Deal

How to Handle Social Media Accounts at the Death of a Loved One

Social media accounts like Facebook or Twitter set up private contracts between the user and the company. These private contracts can make it difficult to deal with a person's social media account once they have died. Each social media company looks to their private policies when dealing with a deceased person's account. As survivors of a decased person try working with the social media companys, they are finding there are not many laws out there covering social media death issues. A very interesting article in the Wall Street Journal titled, "Deaths Pose Test for Facebook" by Steve Eder covers this facinating issue.

Estate Planning And The 529 Plan

A 529 education plan is a great way to start saving money for a child's education and can be a valuable estate planning tool. For estate planning purposes, a 529 education plan can be used to reduce estate taxes if estate taxes are an issue for you or prepare for your child's education in the event you die before your child becomes old enough to get a secondary education. In estate planning, it is important to look at all the "what if" scenarios and try to prepare for those scenarios. It is the same with a 529 plan. One "what if" scenario that must be addressed is what if the 529 funds outlast the child's 529 education plan. The Wall Street Journal has a great article covering this very "what if" scenario. The article entitled, "What to Do With Leftovers in 529 Plans," written by Georgette Jasen gives options enabling an individual to make an educated decision if a 529 plan ends up with "leftover" funds.

Who Gets Dad's Old Anvil

Once both parents have died, the children have a big job ahead of them. It litterly can take years to wade through all the accumulated stuff. And the stuff might really be valuable (not just monetarily). The sentimental value of a certain item can help ease the lose of the loved one as family reminisces, or it can cause the dreaded family fight that keeps family members from talking to each other for years. An article written by Kelly Greene of the Wall Street Journal entitled, "The Pearls Are Mine!" gives some good suggestions for working through the mountain of stuff in an timely and friendly way.

Definition of the Week: Grantor

Grantor: A grantor is a person "granting" or transferring assets to a trust. Some practitioners and state statutes use the word "settlor" or "trustor" or "maker" or "creator." At Hughes Estate Group, we use the word used by the Internal Revenue Service, the tax courts, and most state courts: "grantor."

Joke of the Week

An elderly couple is lying in bed one morning having just awakened from a good night's sleep. He takes her hand and she responds, "Don't touch me!"

"Why not," he says.

She answers back, "Because I'm dead."

The husband says to her, "What on earth are you talking about? We're both lying here in bed together and talking to one another."

The wife says, "Not so, I'm definitely dead."

Her husband insists, "You're not dead. What in the world makes you think you are dead?"

His wife answers, "I know I'm dead because I woke up this morning and nothing hurts."

A Second Marriage And Children Of The First Marriage Fight With Murder Thrown In

Judge Patrick Maqubela, acting judge in the Western Cape High Court, was suffocated June 5, 2009 in his Bantry Bay flat. He wife of his second marriage, Thandi Maqubela, has been accused of co-conspiring to kill him.

At the time of his death, Thandi Maqubela declared her husband had died intestate or without a testamentary document in place. Later, she declared that she had found his will. The difference between how Mr. Maqubela's R20m estate would be distributed by the laws of intestate versus by a will it hugh.

According to the intestate laws of South Gauteng, Thandi Maqubela would receive half the estate and Mr. Maqubela's five children would receive the other half to be divided in five equal shares. With the will, the two children from Mr. Maqubela's first marriage are completely cut out of the will and Thandi Maqubela's daughter from a previous marriage is named a beneficiary. Mr. Maqubela's son from his first marriage, Duma, is contesting the validity of the will saying that he cannot believe his father would disinherit him and his sister, Patiwe.

A full article reporting on the situation can be read here.

Definition of the Week: Trustee

Trustee: The trustee is the person who manages and distributes trust assets for the benefit of beneficiaries.