What is the indefinite-term maintenance contract?

A contract without fixed term under which property passes to the maintenance provider in exchange for support and/or care.

When is notarial authentication needed?

When immovable property is transferred — the written form is always required, and notarial authentication is added for immovables.

Who determines the support?

The parties by agreement — both the amount and the payment terms, according to the nature and purposes of the support.

What happens on termination?

The immovable property is returned to the recipient, and expenses incurred before termination are not reimbursed to the provider unless otherwise provided.

Long-Term Care Planning in Georgia

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.