Download as pdf or txt
Download as pdf or txt
You are on page 1of 6

CAREGIVER AGREEMENT

THIS AGREEMENT is made and entered into this 10th day of April, 2018, by and between Mr. Weliver, an 78-
year-old man residing at 19 Bare Hill Road, Bolton, Massachusetts 01740 (hereinafter referred to as "Client")
and Becky Joan Nadeau, a professional caregiver (hereinafter referred to as "Caregiver").

WHEREAS, the Client desires to engage the services of the Caregiver to provide live-in care and assistance
with daily living activities, and the Caregiver is willing to provide such services under the terms and conditions
hereinafter set forth;

NOW, THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1. DUTIES OF CAREGIVER: The Caregiver agrees to provide live-in care services to the Client 24 hours a
day, 7 days a week. The services shall include, but not be limited to, ensuring the Client does not consume
excessive alcohol, preventing falls, and attending to the Client's light needs.
2. TERMINATION: This Agreement may be terminated by either party in the event of a breach of the terms
herein, including but not limited to, instances of abuse by the Client towards the Caregiver.
3. IRREVOCABLE CHARITY TRUST: In the event of the establishment of an Irrevocable Charity Trust named
the "19 Hill Trust", the Client shall be designated as the grantor, and the Caregiver shall be appointed as
the sole trustee and beneficiary of the Client's property located at 19 Bare Hill Road, Bolton,
Massachusetts 01740.
4. GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of
the Commonwealth of Massachusetts.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.

Mr. Weliver (Client) Becky Joan Nadeau (Caregiver)

This Agreement is subject to the laws and regulations of the Commonwealth of Massachusetts, and any
disputes arising from this Agreement shall be resolved in accordance with Massachusetts laws for civil
procedure.

LIVE-IN CARE AGREEMENT

THIS AGREEMENT ("Agreement") is made and entered into by and between Mr. [First name] Weliver ("The
Elder"), an individual residing at 19 Bare Hill Road, Bolton, MA 01740, and Becky Joan Nadeau ("The
Caregiver"), a competent individual.

WHEREAS, the Elder desires to engage the services of The Caregiver for his personal and health care at his
residence;

AND WHEREAS, The Caregiver agrees to provide such services to the Elder as per the terms of this
Agreement;

NOW, THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable
consideration, the parties agree as follows:
1. CAREGIVING SERVICES: Commencing April 10, 2018, The Caregiver shall be duty-bound to provide, 24
hours a day, seven days a week, the Elder with such assistance as needed including the supervision of his
safety and well-being and prevention of excess alcohol consumption.
2. TERMINATION OF SERVICES: This agreement shall become invalid and the caregiving services shall be
terminated immediately if the Elder becomes abusive towards The Caregiver or behaves in a manner that
compromises The Caregiver's ability to perform her duties.
3. IRREVOCABLE CHARITY TRUST: Upon termination of this agreement, an Irrevocable Charity Trust,
named as the "19 Hill Trust" shall be established. The Elder will act as grantor and The Caregiver will
become the sole trustee and beneficiary of his property located at 19 Bare Hill Road, Bolton, MA 01740.
4. GOVERNING LAW & VENUE: This Agreement shall be interpreted, enforced, and governed under the laws
of the state of Massachusetts, without regard to its conflict of laws principles.
5. ACKNOWLEDGEMENT: Both parties affirm that they have read, understand, and will adhere to the terms
of this agreement.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above
written.

Mr. [First Name] Weliver Becky Joan Nadeau

Please note: This document is meant to serve as a generic sample and may not be suitable for legal purposes.
We strongly recommend getting this document reviewed by a legal counsel.

CONTRACTUAL AGREEMENT: PROTECTIVE MEASURES FOR CARETAKER

THIS CONTRACTURAL AGREEMENT (hereinafter referred to as the “Agreement”) made and entered into this
___3rd___ day of ___July____, 2019 (the “Effective Date”), by and between:

Becky Joan Nadeau (hereinafter referred to as the "Caretaker"),

AND

David George Weliver, (hereinafter referred to as the "Client"), elder resident of 19 Bare Hill Road Bolton
Massachusetts.

WHEREAS, the Client has engaged the services of the Caretaker to provide personal care and support;
insomuch, concerns have arisen due to recent inappropriate behavior which resulted in the Client's arrest and
probation.

WHEREAS, it is recognized that the provision of safe, respectful and non-abusive care to the Client is
imperative; as such, the following terms of engagement have been agreed upon between the parties.

1. The Client recognizes and agrees that any form of physical, emotional or psychological abuse, or any
aggressive behavior, towards the Caretaker will not be tolerated under any circumstances.
2. If the Client engages in aggressive or abusive behavior toward the Caretaker again, the Caretaker is hereby
given express permission and right to appeal to the appropriate authorities, with support from the trustee
and beneficiary, without fear of retribution or detriment.
3. In the event of any such recurrence, the Caretaker, Trustee, and Beneficiary are empowered to leverage
the Trust's resources to ensure the safety and well-being of the Caretaker and to facilitate the necessary
actions to mitigate the situation.
4. Any violation of this Agreement by the Client, upon confirmation, may result in immediate termination of
care services and further legal actions as deemed necessary.

Both parties, the Caretaker, and the Client, represented by the Trustee, understand that any violation of this
Agreement could lead to legal consequences.

IN WITNESS WHEREOF, this Agreement has been executed and delivered as of the Effective Date.

(Caretaker -Signature & Date)

(Client/Trustee -Signature & Date)

Subject: Preparation of Content for Draft and Irrevocable Elderly Advocacy Trust for David Weliver

Presented to Mr. David Weliver has been the proposed course of action regarding the establishment of his
Irrevocable Elderly Advocacy Trust. This trust presents an effective means of protecting his property and
ensuring the future wellbeing of his estate, inclusive of a new quit claim deed and warranty deed.

To begin, an irrevocable trust utilizes a fiduciary instrument that provides that the terms of the trust cannot be
amended, modified or revoked without the permission of the grantor's beneficiary. This particular type of trust
is implemented to secure that the grantor's property will be utilized and distributed as per the outlined terms
of the estate planning document.

Mr. Weliver's decision to include his property in the trust is a proactive move to guarantee a degree of control
over his assets, removed from external influences that may arise. The irrevocable trust is specifically designed
with elderly advocacy in mind, ensuring the protection of his assets in the scenario of possible changes in
health, disability or passing.

The inclusion of a new quit claim deed within the trust outlines the procedure in which Mr. Weliver can transfer
his ownership interest in the property to the trust. This particular deed secures that his property rights and
claims are abolished once transferred to the trust, providing a seamless transition of ownership.

Also mentioned is the warranty deed, an integral document within the trust that guarantees a distinct title to
the property. It confirms without any doubt that the property is free from outstanding encumbrances, liens or
claims. This deed not only solidifies Mr. Weliver's ownership but also promises peace of mind knowing that the
property is securely held within the trust.

It is worth noting that these stratagems are not merely protective measures but are part of a comprehensive
approach to estate management. They are tailored to safeguard Mr. Weliver's interests, maintain the welfare of
his property, and further, to ensure his legacy is secured in the most efficient and effective manner.
It is with this understanding that we urge Mr. Weliver to consider our insights into securing his property within
an Irrevocable Elderly Advocacy Trust. We are confident that this approach aligns with his current and future
intentions for his property, his advocacy for the elderly, and his desire for lasting, impactful legacy.

The team stands at the ready to guide and assist in the execution of this trust, committed to providing
unwavering support throughout this pivotal process.

Sincerely,

[Your Name]

[Your Title]

[Your Contact Information]

Subject: Draft and Irrevocable Elderly Advocacy Trust: David Weliver Property

Dear [Recipient's Name],

I hope this message finds you well. I am writing to provide you with an update regarding the property of Mr.
David Weliver and the establishment of the irrevocable elderly advocacy trust.

Mr. Weliver has expressed his desire to provide for the aged in our community by setting up an irrevocable
elderly advocacy trust. This trust is designed to ensure that the elderly in our community receive the
necessary support and care they require. The trust, once established, cannot be changed or terminated
without the permission of the beneficiaries.

In line with this, Mr. Weliver has decided to include his property as part of the trust's assets. The property,
which is located at [insert property location], will be transferred into the trust via a new quitclaim deed. This
deed will effectively release any interest he has in the property, thereby placing it under the ownership and
control of the trust.

Furthermore, Mr. Weliver has also decided to issue a warranty deed for the property. This deed will serve as a
guarantee that the property is free from any liens or encumbrances and that he holds a clear title to it. This is
an essential step as it provides assurance to the trust that the property is free of any issues that could
potentially affect its value or use.

The process of drafting these deeds and setting up the trust is currently underway. Our team of legal experts
is working diligently to ensure that all the necessary paperwork is in order and that the transfer of the property
into the trust is done seamlessly.

We understand the importance of this trust to Mr. Weliver and the beneficiaries, and we are committed to
ensuring that it is set up in a manner that upholds his wishes and provides the maximum benefit to the elderly
in our community.

We will keep you updated on the progress and will notify you once the trust has been fully established and the
property transferred. In the meantime, should you have any questions or require any additional information,
please do not hesitate to contact us.

Thank you for your attention to this matter.

Sincerely,
[Your Name]

[Your Position]

WARRANTY DEED

THIS DEED, made this ______


3rd day of ___, 20, between _______________________, hereinafter called the
"Grantor," whose address is ______________________, and _______________________, hereinafter called the
"Grantee," whose address is ______________________.

WITNESSETH, that the Grantor, for and in consideration of the sum of _________________________ Dollars
($_________), receipt whereof is hereby acknowledged, does hereby grant, bargain, sell, and convey unto the
Grantee, his/her heirs and assigns, forever, all of that certain piece, parcel or lot of land situated in the County
of Worcester, State of Massachusetts, described as follows:

BEGINNING at a point in the easterly side of Bare Hill Road, which marks the northwest corner of Lot B and the
southwest corner of Lot A;

THENCE S. 67 degrees 00' 20" E. 313.33 feet to a point;

THENCE S. 35 degrees 36' 55" W. 2054.66 feet to a point;

THENCE N. 76 degrees 00' 51" W. 302.00 feet to a point;

THENCE N. 27 degrees 45' 18" E. 41.99 feet to a point;

THENCE N. 30 degrees 17' 45" E. 208.01 feet to the point of beginning.

Being Lot B shown on a plan of land "Bolton, Mass., owned by David Crispen and Jean L. Crispoen, dated
September 18, 1978, planned by Clyde R Wheeler, Inc., Old Bay Road, Bolton, Mass., Plan = 20-917," and
recorded with Worcester District Registry Of Deeds, in Plan Book 456 Plan 85.

TO HAVE AND TO HOLD the same, together with all and singular the appurtenances thereunto belonging or in
anywise appertaining, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor,
either in law or equity, to the only proper use, benefit and behoof of the Grantee, his heirs and assigns forever.

IN WITNESS WHEREOF, the Grantor has signed and sealed this Deed, the day and year first above written.

Grantor

Grantor

STATE OF MASSACHUSETTS,

COUNTY OF WORCESTER, SS:

On this ________day of ________, 20, before me, the undersigned Notary Public, personally appeared
_______________________, known to me to be the person(s) whose name(s) is/are subscribed to the within
instrument, and acknowledged that he/she/they executed the same for the purposes therein contained.
Notary Public

My Commission Expires:__________

↑ CAREGIVER AGREEMENT
David George Weliver, (hereinafter referred to as the "Client"), elder resident of 19 Bare Hill Road
Bolton Massachusetts.

You might also like