A personal service contract is one in which the talent or skill of a party is material. The contract is a legal instrument in which a party to the contract has obligations towards the other. This kind of a contract binds a party to create work or product for the other party for a stated period. A breach of contract happens when a party fails to fulfil its responsibilities under a contract. Where there can be a breach there is the requirement for a lawyer and a personal service contract; Lawyer Plantation will handle any breach.
Personal Service contract in Medicaid
In Medicaid, any exchange of money between you who needs care and the friend or family providing it is treated as a gift for the simple but crucial reason that there was no personal service contract. You become ineligible for Medicaid, even if for a short period. If you had a care contract made, then Medicaid would treat it as a proper market value transaction. Considering the legal aspect of a personal service contract, it is of great importance that you get in touch with a personal service contract Lawyer Plantation and ensure that everything is in order.
A personal service contract Lawyer Plantation will be able to ensure that:
• The care contract is in place before payment can be made.
• Care provided is paid for at a reasonable rate after assessing the non medical home care rates.
• Ensure that as a care giver, you do not fail to report the amount in the income tax returns.
• Ensure that the care recipients correctly report the care being paid for.
• Explain to the care recipient to treat the caregiver as an employee or independent contractor even though the person may be family or friend.
Take Note
When you get into a personal service contract, you must take note of certain facts, which are:
• Is the performance taking place on a worksite?
• Are the services related to the accomplishments of an agency’s function or primary mission?
• Who is providing the primary equipment and tools?
• Is another comparable service being conducted by civil service workers?
• Is the service provided under government direction or supervision?
• How long will the service continue?
Simple as it may sound, it will be difficult for any ordinary man to draw up a contract which keeps both the parties away from legal implications. It is a professional lawyer educated in this field who will help you to draw up a contract which is safe for you and ensure that you don’t get bogged down by signing the contract.
Now you know that personal service contract can happen with any field. So if you are an athlete, an entertainment artist or a family member and you want to sign or make a personal service contract, a lawyer is the best person to be contacted. It is after the lawyer goes through a contract that you should sign. When you are drawing up a contract, a lawyer will be able to guide you on how safe it is to so and what norms you should follow.
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