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Aging and the Law: Module 5 – Private Care Arrangements

Notes:

PCA – transfer prop asset to friend/family in exchange for caregiving/support

goal of senior to remain in own home; need support at home; preserve family assets

PCA not a problem inherently; may be fair to exchange asset at time of death or joint prop transfer while alive; open to abuse

not having strangers in home; may not understand community supports available; keeping house in the family; dealing with same person; senior helping younger person

may not receive care; may lose home; relationship breaks down; abusive relationship; caregiver becomes vulnerable – boundary issues; caregiver burn out; unfair to caregiver if gave up other opportunities

lack of thought about planning; legal advice; changes not adequately provided for; family disagreement; terms of care; expectations /skill sets of senior care; maintenance of house/additional costs accounted for; can degenerate into abusive relationship

contact – promise of care in exchange for property; breach of contract of promise to provide care; specific performance have to do the thing; seek damages to make up for loss (funds spent for trouble experienced); very difficult to prove if its a contract if unwritten; remedies don’t work particularly if family rel’ship

 

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