QUESTION
Does a caregiver agreement remain valid after the person receiving care becomes incapacitated?
Asked on Jun 26th, 2019 on Elder Law - South Carolina
More details to this question:
If a caregiver enters an agreement to care for someone and then that person becomes incapacitated, is the agreement over? Would a relative need to bring an action against the caregiver to fire the caregiver? Would the agreement just be over? What if the caregiver also had power of attorney over the person needing care?
1 ANSWER
2 Awards
You have asked several questions.
Because a caregiving agreement is a personal service contract, it may well end if the caregiver becomes incapacitated -- but does not end if the person receiving care becomes incapacitated.
Ordinarily the agent under a Durable Power of Attorney granted by the person receiving care would have authority to fire the caregiver. That person does not have to be a relative.
If the caregiver is the agent under a Durable Power of Attorney granted by the person receiving care and is thought to be exploiting or abusing the person needing care AND the person now lacks legal capacity to revoke the Durable Power of Attorney, it may be necessary to seek a guardianship.
Please consult a local attorney handling guardianships. You can find a local elder law attorney using the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)
Answered on Jun 27th, 2019 at 5:10 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.