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.