Long-Term Care Planning — the Indefinite-Term Maintenance Contract
For old age and long-term care planning the Civil Code provides a special instrument — the indefinite-term maintenance contract. Under this contract the maintenance provider receives property and in return provides support and/or care. This page explains the form of the contract, the determination of the amount and payment terms of the support, and the rules of withdrawal from the contract — with the practical accents that determine the reliability of a care plan.
The legal essence of care planning is that a person fixes, during their lifetime, the relationship that will secure their future care: the property passes to the maintenance provider, while support and care are secured on the terms established by the contract. A properly constructed contract balances these two interests.
The Form of the Contract and Notarial Authentication
An indefinite-term maintenance contract must be concluded in writing, and where immovable property is transferred, the contract must be authenticated notarially. This requirement is not a formality: at the center of a care plan often stands an apartment or other immovable property, and without notarial authentication the contract does not acquire due force for the transfer of that property.
The Amount and Payment Terms of the Support
The amount of indefinite-term support is determined by the agreement of the parties, and the payment terms of the support are established according to its nature and purposes, by agreement of the parties. These two norms are the foundation of planning: the parties themselves determine how substantial the support will be, how regular the payment will be, and how the actual needs of care are reflected in the terms of the contract. The more precise these entries, the less ground for later dispute.
Withdrawal from the Contract and Its Consequences
Both the maintenance provider and the recipient may withdraw from the indefinite-term maintenance contract if, as a result of breach of contractual obligations, the relationship between the parties has become unbearable, or other substantial reasons make its continuation extremely difficult or impossible. At the same time, upon termination of the contract the transferred immovable property is returned to the recipient, while the expenses incurred before termination are not reimbursed to the maintenance provider, unless otherwise provided by the contract.
In the planning perspective this norm creates two-sided protection: the recipient knows that if care is not provided the property is returned, while the provider keeps the terms by which reimbursement of expenses incurred may be regulated. The text of the contract is precisely the instrument of this balance.
In planning practice, tailoring the terms of the contract to the real picture of care is what most often causes dispute: support is not merely a monetary payment — it may be complemented by the arrangement of care, medical supervision or other conditions. The law leaves these details freely to the agreement of the parties, which is precisely why the precision of the contract text determines the quality of the care plan. Counting the balance between the value of the transferred property and the support rests on documented agreement.
The rule on the consequences of withdrawal is also part of the balance: the recipient knows that absent care the property is returned, while the provider knows that reimbursement of expenses may be regulated differently by the contract.
The practical side of performance is also part of planning: the payment terms of the support follow from its nature — as a rule, regular payments — and their documentary trail becomes the central evidence in a termination case. Fixing every payment and every fact of care from the first day is therefore indispensable.
The indefinite-term maintenance contract differs from other forms of transfer in the continuous character of the provider's obligation: it is performed over time, and precisely therefore the law grants the parties the right to end the relationship when coexistence becomes unbearable. At the planning level this means that the contract must be built with a long-term perspective — so that changes in the real needs of care are also provided for and contested questions between the parties remain minimal.
Frequently Asked Questions
What form does the contract require?
Written form always, and notarial authentication where immovable property is transferred. Transfer of an apartment or land without the notarial form does not take effect.
Who determines the amount of support?
The parties by agreement; the payment terms are likewise established according to the nature and purposes of the support, by agreement of the parties.
Can the contract be terminated?
Yes — either party may withdraw if breach has made the relationship unbearable or other substantial reasons make continuation impossible.
What happens to the property on termination?
The transferred immovable property is returned to the recipient; expenses incurred before termination are not reimbursed to the provider, unless the contract provides otherwise.
How We Help on Legal.ge
The Legal.ge team secures long-term care planning through the proper construction of the indefinite-term maintenance contract: we prepare the contract in compliance with the written and notarial form, write in the amount and payment terms of support tailored to the real needs of care, and balance the protection of both parties for the case of termination. Contact us on Legal.ge — your care plan will be legally reliable.