06/04/2026
FAMILY CAREGIVER AGREEMENTS
🌿 Caring for a Loved One at Home? You May Be Entitled to Compensation — and It Can Actually Help with Medicaid Planning!
Our firm believes that family caregivers are unsung heroes. Whether you’re helping Mom with her medications, driving Dad to appointments, or providing round-the-clock support for a loved one with dementia — that work has real value.
That’s where a Family Caregiver Agreement comes in, and it’s one of the most meaningful documents we help families create.
💛 What is a Family Caregiver Agreement?
It’s a formal, written contract between a family member (the caregiver) and their loved one — documenting the care being provided and establishing fair compensation for that care.
✅ Why does having an attorney draft it matter?
A handshake agreement or informal arrangement simply won’t hold up when Medicaid enters the picture. To be recognized as a legitimate transfer of assets — rather than a gift that could trigger a Medicaid penalty — the agreement must be:
• In writing and signed before care begins
• Reasonable in scope and compensation (based on what a professional caregiver would earn)
• Properly structured to reflect West Virginia Medicaid guidelines
Our social workers help assess the actual hours and level of care involved, so the agreement reflects reality — not guesswork.
🧠 How does this affect Medicaid eligibility?
When a loved one eventually needs nursing home care and applies for Medicaid, the state looks back 5 years at all financial transactions. Payments made without a proper caregiver agreement can be treated as improper gifts — potentially delaying eligibility for months.
A well-drafted agreement means those payments were earned income, not gifts. That protects your family and honors the caregiver’s sacrifice. 💪
🏡 The bigger picture…
At our practice, we don’t just draft documents — we sit with families. Our dementia guides and social workers help you understand what stage of care your loved one needs today and plan for what’s coming. Because the best legal plan is one that fits your whole family’s story.
If you’re caring for a parent or spouse at home, let’s talk before it’s a crisis. A simple conversation now can protect your family for years to come.
📞 Call us to schedule a Family Care Planning Session. We’re here for you — every step of the way. (304)993-6200
Senior Planning and Advocacy. We help older adults and families with legal planning and life care.
