LegalGELegalGE
...

Long-Term Care Planning

What happens if the caregiver stops caring for the elderly person?

If there is a Life Maintenance Contract, the elderly person can sue to cancel the contract. The property will be returned to them if the breach is proven.

Can I force my siblings to pay for parents' care?

Yes, under Georgian law, all capable children share the obligation to support their parents. You can file a lawsuit for parental alimony to share costs.

Is a Power of Attorney enough for medical decisions?

Yes, a specific Power of Attorney for healthcare decisions allows you to act. However, if the person is mentally incapacitated, you may need a court-appointed supporter status.

Are nursing home contracts regulated?

They are standard service contracts governed by the Civil Code. It is crucial to have a lawyer review them to ensure liability clauses for negligence are included.

Reading Time

4 min

Published

...

Long-Term Care Planning: Dignified Aging and Legal Guarantees

As the population ages, the need for Long-Term Care becomes increasingly relevant. This process involves not only medical services but also assistance in daily life for elderly or disabled individuals. In Georgia, families traditionally cared for the elderly, but in modern reality, professional care, nursing homes, or home care services are often necessary. Long-Term Care Planning involves a set of legal and financial mechanisms that ensure a person's well-being even when they can no longer make decisions or care for themselves independently.

This service is vital for both the elderly themselves and their children. Without planning, a family may face a severe financial and legal crisis (e.g., when it is necessary to sell a parent's property to fund treatment, but the children do not have power of attorney). Legal.ge offers lawyers who will help you draft care contracts, powers of attorney, and financial plans to protect your or your loved ones' future.

What Does Long-Term Care Planning Cover?

Specialists on Legal.ge offer full legal support:

  • Life Maintenance Contract (Renti): A document where a person (provider) agrees to support an elderly person (recipient) in exchange for certain property (e.g., an apartment). A lawyer ensures the elderly person's interests are protected and the contract is correctly worded.
  • Guardianship and Support Issues: Appointing a supporter through the court if a person can no longer make independent decisions.
  • Medical and Financial Powers of Attorney: Drafting documents giving a trusted person the right to manage the elderly person's bank accounts and make medical decisions on their behalf.
  • Contracts with Nursing Homes: Reviewing contracts with nursing homes or home care agencies to protect patient rights and service quality.
  • Children's Obligations: Legal consultation on the obligation of children to support their parents, which is mandated by Georgian legislation.

Common Scenarios and Real-World Examples

Planning is essential in the following cases:

  • Single Elderly People: A person owns an apartment but lacks cash for care. Through a life maintenance contract, they can receive monthly support and care in exchange for the apartment.
  • Dementia or Alzheimer's: The family sees a parent's condition deteriorating. It is necessary to issue a power of attorney promptly while the parent can still express their will, to avoid a complex court process for appointing a supporter.
  • Children in Emigration: Children are abroad and want to ensure their parents are cared for in Georgia. A contract is signed with a caregiver with strict control mechanisms.

Georgian Legal Framework

Long-term care is regulated by:

Civil Code (Articles 941-952) regulates the Life Maintenance Contract. This is the strongest instrument for financing care using assets. The law requires the contract to be notarized and registered in the registry. In case of breach (if the provider does not care for the elderly person), the property returns to the elderly person.

Law on Psychiatric Assistance and Civil Code capacity norms: Define procedures for recognizing a person as a recipient of support.

Civil Code (Family Law): Obliges children to care for incapacitated parents and pay them alimony if necessary.

Step-by-Step Service Process

Working with a lawyer on Legal.ge involves:

  1. Needs Assessment: What type of care is needed and what resources exist.
  2. Instrument Selection: Life maintenance, power of attorney, or appointing support.
  3. Document Preparation: Drafting contracts detailing care standards (food, medication, hygiene).
  4. Execution: Visiting a notary or applying to court.
  5. Monitoring: Periodic checks on whether care obligations are being met.

Why Choose Legal.ge?

Old age is associated with a sense of vulnerability, but with the right legal protection, it can be dignified and peaceful. Legal.ge gives you access to empathetic and qualified lawyers who will protect your or your parents' rights. Do not leave the future to chance — ensure guaranteed care today.

Updated: ...

Specialists for this service

Loading...