Consider A Caregiver Agreement

By: Marc S. Galella, Esq. of R.C. Shea & Associates

A Caregiver Agreement is a written contract entered into between a person needing care and a person providing care. Usually, the Caregiver Agreement is between an adult child and a parent, a relative or a friend. Through the use of a Caregiver Agreement, the disabled or elderly person can transfer money to family members as compensation rather than as a gift.

A properly prepared Agreement specifically lists what services the child is to provide to the parent and at what price. The Agreement must be in writing and entered into before the compensated services are rendered. Since the caregiver child is getting “paid” they must report the income for tax purposes. In some cases, the parent may be able to deduct the payments as a medical expense.

The advantages of having a Caregiver Agreement include establishing clear caregiver compensation, providing a practical housing arrangement and assisting a Medicaid plan.

Family members overwhelmingly provide the care for elderly and disabled loved ones at home. Although it’s a labor of love, taking care of ailing loved ones also has a market value, meaning that caretakers can be paid as a way to protect assets. It’s only fair that the child who is caring for the parent should be paid for the services. When a caregiver’s compensation is memorialized in a legal document, allegations by other siblings are minimized because the contract spells out the details. Further, to protect family relationships, it’s recommended that all family members agree with the Arrangement even if they are not parties to the agreement.

By having a Caregiver Agreement the parent may be able to avoid a nursing facility by providing for the parent to be able to remain in the parent’s home or the home of the caregiver instead of a nursing facility.

A Caregiver Agreement can also be part of a Medicaid plan. As long as the Agreement is correctly drafted, and both parties abide by its terms, funds payable to the caregiver under the Agreement will accelerate Medicaid eligibility. Since payments are made for the services rendered, they should not be treated as gifts. This will thwart Medicaid penalties as a result of giving money directly to the caregiver child. Since caregiver agreements transfer money over a period of time, they are better entered into sooner rather than later.

The child should consider the following points if the child feels uncomfortable about taking money to care for the parent:

• A third party caregiver would get paid for caring and giving room and board to the parent;

• If the parent were to apply for Medicaid, money that the child could have been paid for legitimately caring for their parent will instead be paid to the nursing home as part of a Medicaid spend down.

A proper Caregiver Agreement can be a valuable elder-law planning tool in the right circumstances. Contact R.C. Shea & Associates (732-505-1212) to see if a Caregiver Agreement makes sense for you.

NEW JERSEY TURNPIKE AUTHORITY –PROPOSED OPERATIONAL IMPROVEMENTS, MILEPOST 80 TO 83, GARDEN STATE PARKWAY

Please take notice that the New Jersey Turnpike Authority (NJTA) has applied to the New Jersey Pinelands Commission to permit the proposed development described below, located along the Garden State Parkway (GSP) from Milepost 80 to 83 in Toms River & Berkeley Townships, and South Toms River Borough, Ocean County, NJ. The application is on file and available for inspection by appointment at the Pineland Commission’s office. Interested persons may comment to the Pinelands Commission within ten (10) days of the date of this notice. Please note the below project is located across multiple municipalities within Ocean County. However, the portion of the project within the Pinelands Area is only located within South Toms River Borough.

Field Of Dreams Summertime Dream Cruise Nights

2023 dates:

June 11, 5 to 8 p.m. (Rain date June 25)

July 9, 5 to 8 p.m. (Rain date July 23)

August 13, 5 to 8 p.m. (Rain date August 27):

The New Jersey Turnpike Authority (NJTA) is proposing to improve Garden State Parkway (GSP) from approximately Milepost 80 to 83 (including Interchange 80, 81, and 82/82A) by improving GSP geometrics to meet current NJTA design standards where feasible. Other proposed improvements include continuous auxiliary lanes to better accommodate queuing and weaves; Collector-Distributor (C-D) roads (service roads) to physically separate local ramp traffic from the GSP through traffic; safety and operational improvements of GSP interchanges, ramps and adjoining State and local roadway networks. Additionally, improvements at Interchange 80 will include adding a new southbound entrance ramp to the GSP and northbound exit ramp to the local roadway network. The improvements will include reconstruction to approximately seven (7) bridges and several culvert pipes throughout the project area. Ancillary improvements will include replacement of guide rail, lighting, drainage system upgrades and overhead signing. Utility and NJTA Fiber Optic (ETC) relocations will be required at locations where proposed improvements conflict with these existing systems.

Comments may be sent via the following:

Mail: Pinelands Commission

Email: AppInfo@pinelands.nj.gov PO Box 539 New Lisbon, NJ 08064 notice.”

Any person who provides comments or requests a copy of the Executive Director’s findings and conclusion shall be provided a copy of said findings and conclusion. Any interested person who is aggrieved by said determination is entitled to a hearing by appealing the determination.

Kristy shared her observations with a nurse she knew, who advised her to speak to the pediatrician about them. The nurse suggested James might be experiencing sleep apnea, which is generally more common in premature babies.

What followed was an incredibly alarming event. Upon checking on James after putting him to bed, Kristy was terrified by what she saw. No longer was it just a matter of her baby boy’s lips being slightly discolored. Instead, Kristy now observed with horror that James’ entire head had turned grey.

Kristy had already begun researching infant apnea based on her discussions with her nurse friend. She remembered what she had learned about assisting a baby in recovering from an apneic episode and put her knowledge into action.

“I was blowing on his face and tapping on his feet,” Kristy said. “He wouldn’t come out of it; he was just frozen.”

All of a sudden, James began to cry, and Kristy hugged him close to her body. James wanted no part of nursing and fell back to sleep for the entire night.

Kristy recounted the incident to her nurse friend, who emphasized the importance of seeking prompt medical attention for James. The nurse warned Kristy that the situation could worsen to the point where it might be difficult to intervene, leaving James in a precarious position.

As both parents attempted to come to grips with the fact that something could be wrong with James, they initially downplayed their initial fears. Jeremy and Kristy wanted to believe the issue was nothing more than a case of gas interfering with their newborn’s sleep. The couple was confident that everything would be fine.

Nevertheless, doctors admitted James to the hospital for two days and ran a battery of

Epilepsy: Continued From Page 1 (Epilepsy - See Page 23) tests. Finally, they sent James home with an apnea monitor to capture his sleep patterns. Unfortunately, the answers didn’t start to make sense until after Kristy was able to video James during one of the episodes.

“He was three months old, and it was just before Christmas,” recalled Kristy. “He was asleep in his stroller like a new baby and suddenly woke up.”

James appeared to be mouthing something as he looked to the side, almost as if he was trying to communicate. Then, out of nowhere, James began crying from a deep sleep, and Kristy attempted to soothe him. Although she couldn’t pinpoint the exact problem, Kristy sensed something was off, as James seemed unusually lethargic.

Once concerned that they might be overreacting, Jeremy and Kristy wanted answers. A call to the pediatrician landed them in Jersey Shore Medical Center’s emergency room. A neurologist called for a consultation, watched the video, and determined that James had had a seizure.

James began his first course of anti-seizure medication that worked for a few days. Jeremy and Kristy became so hopeful –until the seizures broke through. Moving on to the next anti-seizure drug required weaning from the first, as many of these medicines are addictive, and James could not be abruptly taken off them.

Each medication came with its side effects, from potential heart damage to peripheral vision loss. Some drugs could only be obtained from off-label pharmacies. Nonetheless, both parents felt desperate – they were willing to try anything.

“I couldn’t even count the number of ‘episodes’ as we called them back then,” Kristy said. “There were times there were over 100 in one day.”

“They needed to give him intravenous drugs to knock him out,” added Kristy. “To kind of calm his brain down.”

Medical consultants at the Children’s Hospital of Pennsylvania were equally puzzled

Real Estate

Toms River House For SaleSarasota 2 Bed 1 Bath, Brand new appliances, brand new paint, brand new carpets throughout. Open house Thur, Fri, Sat, Sun, May 11th -June 4th, 521 Jamaica Blvd. Holiday City 08757; or call 732-569-3174. (24)

Yard Sale

YARD SALE 10 Glen Rd Howell NJ, Saturday May 20, 9 a.m.-1 p.m. Rain date May 21. (23)

Estate Sale

ESTATE SALE – Old furniture, collectibles, all gotta go. 732-267-6232. (22)

Garage Sale

Annual Community Garage Sale - At Greenbriar I, Burnt Tavern Road, Brick on Saturday, June 3 (rain date Sunday, June 4) from 9-3. Over 60 families will be holding sales. Follow the balloons for the streets participating. Call 732-840-9496 with questions. (23)

Garage Sale 492 St. Thomas Dr., Toms River - Holiday City/Berkeley - Fri, Sat and Sun - May 19, 20, and 21, 2023 (R/S). 908-230-3822. All items must sell! From BricA-Brac to clothing to books and sporting goods. 8:30 a.m. to 4:30 p.m./3 days/Don't miss this! (23)

2004 Kia Amanti - Great condition. New tune up and fuel injectors. 33,500 miles. $3,200. (23)