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Private Care Agreements Between Older Adults and Friends or Family Members

A private care agreement involves an older adult’s transfer of property, usually residential property, to a friend or family member in exchange for a promise of care and support in the home. The arrangement is usually made orally and without legal advice, and the law regarding enforcement of such agreements is unclear. This project reviews the state of the law regarding private care agreements and makes recommendations to address negative consequences that result when such agreements are unsuccessful.

Keywords: seniors, older adults, private care agreements, housing, tenancy & neighbours, buying or selling a home, wills, estates & life planning, abuse, family violence, elder abuse, contracts, undue influence, unconscionable transactions, unjust enrichment, resulting trusts, remedies, education, health, Family Relations Act, Legal Issues Affecting Seniors Committee

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