Creating a Fair and Legal Caregiving Agreement with a Family Member

November 14, 2025

Imagine this: a parent starts needing help with errands, medications, appointments, or daily tasks. A family member steps in because they’re close by and have already been helping. 

At some point, you may wonder if it makes sense to pay them for the care they’re already providing. It feels natural, but without the right paperwork, the arrangement can create confusion, strain relationships, or even cause Medicaid issues down the road.

That’s why a written caregiving agreement matters. It protects everyone involved and keeps long-term care planning on track. At Dillman & Owen Estate and Elder Law, we help Indiana families create caregiving agreements that fit within a larger plan for aging, Medicaid eligibility, and long-term care support.

Why a Caregiving Agreement Matters

A caregiving agreement gives both sides clarity about what the caregiver will do, how often they’ll do it, and how they’ll be compensated. This helps preserve family harmony and avoids misunderstandings later.

It’s also essential for Medicaid planning. Without a written agreement, paying a family member may be considered a “gift,” which can affect Medicaid eligibility during the five-year look-back period. A proper agreement keeps everything compliant and protects access to future long-term care benefits.

What Should Be Included in a Caregiving Agreement

A solid agreement should outline:

  • Daily responsibilities: Such as meal preparation, transportation, housekeeping, personal care, or medication reminders.
  • Compensation terms: Whether hourly or monthly, along with how and when payment is made.
  • A time commitment: Specific hours, days, or weekly expectations to prevent confusion.
  • How the arrangement can end: Notice periods or reasons the agreement may need to change.

Legal and Financial Considerations in Indiana

Caregiving agreements must meet Indiana’s elder law requirements, and they need to be written in a way that aligns with Medicaid rules. This documentation often becomes part of a broader Life Care Planning strategy, helping families prepare for long-term care needs, medical decisions, and financial planning.

There can also be tax implications. A family caregiver who receives payment may need to report income, and depending on the setup, there may be payroll or withholding obligations. Families are often surprised by this part, but with the right guidance, these steps are manageable.

How Dillman & Owen Supports Your Family

Caregiving agreements are rarely simple forms. They connect to larger decisions about aging, care needs, finances, estate planning, and Medicaid eligibility. As part of our elder law and Life Care Planning services, we help families:

  • Draft legally sound caregiving agreements
  • Plan for Medicaid eligibility and long-term care costs
  • Understand tax and income considerations
  • Coordinate care and create a long-term support plan.
  • Organize the medical and financial documents that make caregiving safer and easier

We explain everything in simple terms and help your family move forward with confidence and comfort.

Take the Next Step with Dillman & Owen Elder and Estate Law Today!

If you’re considering hiring a family member as a caregiver, you don’t have to navigate the details alone. Contact Dillman & Owen Estate and Elder Law to schedule a consultation. We’ll help you create a caregiving agreement that protects your loved one, supports your long-term care goals, and meets Indiana’s legal requirements.

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