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 Georgia
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A comprehensive guide on how to draft a contract Know your parties. Agree on the terms. Set clear boundaries. Spell out the consequences. Specify how you will resolve disputes. Cover confidentiality. Check the legality of the contract. Open it up to negotiation.
Personal care home is a business, so your personal care home will need to be incorporated and/or registered with the Secretary of the State of Georgia. You will need to file for a federal tax ID number as well as a business license and appropriate insurance.
Personal care home residents must be ambulatory and must not have a behavioral condition that requires the use of physical or chemical restraints, isolation, or confinement. Residents must not be bedridden or require continuous medical or nursing care and treatment.
The personal care agreement is most commonly between an adult child or and his/her parent, but other relatives may be involved, such as an adult grandchild caring for a grandparent. Drawing up an agreement clarifies for a family what tasks are expected in return for a stated compensation.
Here are some guidelines you can follow to make it easier to write these down. Stick to just one goal. Write down the steps you need to take to achieve the goal. Set a deadline for the contract to one day, or a week at most. Keep it short and focused, but formal. Focus on the upsides of the contract.
How to draft a contract in 13 simple steps Start with a contract template. Understand the purpose and requirements. Identify all parties involved. Outline key terms and conditions. Define deliverables and milestones. Establish payment terms. Add termination conditions. Incorporate dispute resolution.
Essentially, email exchanges can give rise to a legally binding “written” contract, provided that certain essential elements of a contract are present. Under Georgia law, for a contract to be valid, there must be an offer, acceptance, consideration, and mutual assent.
To be legally enforceable, an agreement must contain all of the following criteria: An offer and acceptance; Certainty of terms; Consideration; An intention to create legal relations; Capacity of the parties; and, Legality of purpose.