Care for Life: Private Care Agreements between Older Adults and Friends or Family Members

Abstract

A care agreement involves the conveyance of property (typically the family home) by an older adult to a trusted person - perhaps an adult child or other relative, perhaps a friend of neighbour - in exchange for a promose of lifetime care. Care agreements, on their face, may have real attractions for older adults who wish to stay in the family home and to meet increasing needs for care and companionship through compensation to an intimate as opposed to a professional stranger. Fear of institutional care (the nursing home) is a major motivation. Despite this superficial attraction, however,serious negative consequences may arise, especially where the agreement is informal and vague in terms (as is very often the case). This article describes the phenomenon of the care agreement, its pitfalls, and the role of the law in providing fair remedy and preventing unintended negative consequences.

Keywords: law and aging, elderlaw, care agreements, caregiving contracts, housing