This form is a sample of an agreement between an elderly or disabled client and a Caregiver who operates as an independent contractor and provides personnel to assist Client to live at home and to have as much control over the home environment and life as possible under the circumstances. Caregiver's personnel also assist Client with the activities of daily living, scheduling medication, assistance with mobility, accompanying Client on errands and appointments, and such other services as agreed between Client and Caregiver.
In this agreement, Client waives damages for simple negligence of Caregiver, but not gross negligence or misconduct that is intentional or criminal in nature. Courts generally will not enforce waivers of this type of misconduct since such a waiver would be deemed to be against public policy because it would encourage dangerous and illegal behavior.
Personal Care Agreement Example In Alameda
Category:
State:
Multi-State
County:
Alameda
Control #:
US-00458BG
Format:
Word;
Rich Text
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FAQ
Just like wills, there is generally no requirement that a contract be notarized in order to be legally binding. However, if a party who signed a business agreement decides to dispute that agreement in court, a notarized contract can help a great deal.
To become a caregiver in California, meet state requirements (work authorization, background check, good health), complete a Home Care Aide certification course and provide proof of vaccinations and a negative TB test.
In most cases, a contract does not have to be notarized since the signed contract itself is enforceable and legally binding in state or federal courts. Many types of written contracts don't require a notary public to be valid.
These documents contain statements to help ensure patients understand their role and responsibilities regarding their treatment (e.g., how to obtain refills, conditions of medication use), the conditions under which their treatment may be terminated, and the responsibilities of the health care provider.
One way of protecting the caregiver as well as the person receiving care is by putting the care relationship in writing. This is a binding agreement, also called a long-term care personal support services agreement, elder care contract, or family care or caregiver contract.
Conversely, an agreement can be informal and may not always be legally binding. While contracts require elements such as consideration, legality, capacity, and mutual assent to be legally valid, agreements may lack such requirements.
A caregiver agreement should include: Service start date. List of caregiving services. Frequency of service. A legal and financial plan. A termination clause. Backup plan for caretaker absence.
It must be signed by both the care recipient and the person agreeing to perform the services. (If the recipient is unable to sign due to mental incapacity, their power of attorney may sign on their behalf.) All signatures on the contractual agreement must be notarized at the time of signing.