A personal care contract is a contract between the person needing the care and a provider, often a family member.  Some personal care contracts are for direct care while others are for oversight.  Here is an example:

 Dorothy is no longer able to care for herself at home.  She has dementia and has been falling.  Her daughter, Beth, lives in another state and is only able to visit twice a year.  Beth is concerned that no one will visit and assure Dorothy is properly cared for at the assisted living home.  Beth’s cousin, Angie, lives close by and could visit regularly.  Angie enters into a personal care contract with Dorothy (Beth signs as agent under the POA).  According to the agreement Angie spends about 6 hours a week visiting Dorothy, taking her to doctors, making sure Dorothy’s care is sufficient, seeing that her preferences are honored, and communicating back to Beth.  Because this is a compensated transfer of assets, public benefits are not affected.

 While these contracts can be helpful they can also be tricky.  If an arrangement like the above would be helpful to your loved one, we strongly recommend you consult with a qualified elder law attorney.

Congratulations on being a snowbird!!  What a great way to live.  While you have homes in two states, you can only claim one state as your homestead or state of residency.  In most cases, that state is where you would want to originate your documents. 

Now, choosing which state you want to have for residency is another matter.  While Florida has many benefits available to residents, the benefits of the other state may outweigh those.  You should carefully review the pros and cons of each state’s residency benefits before choosing. 

If you are a resident of another state and have valid documents from that state, Florida will honor them.  But, as soon as you become a resident of Florida your documents must comply with Florida law.  While wills often do, other documents such as powers of attorney can fall short. 

The bottom line:  The purchase of a property in another state should signal the need to review your estate plan with your attorney.

There are a number of factors a parent would want to consider.  They include the public benefits available to that child: resources available, such as family members and programs, the child’s probable needs throughout life, the child’s earning capabilities.  One should also consider the parent’s age, financial and health status.

The plan should have built-in flexibility and contingencies as nothing is guaranteed to stay the same once a plan is put into place.  With the information gathered a parent and the attorney can then determine what types of legal documents will be needed to carry out the plan.  Often, Supplemental Needs Trusts for the disabled child are included in the plan.  For more information about Supplemental (or Special) Needs Trusts please go to the Trust section of our website.