For love, legacy, or pay: legal and pecuniary aspects of family caregiving.

作者: Marshall B. Kapp

DOI: 10.1891/1521-0987.14.3.205

关键词:

摘要: Most caregiving and companionship provided by family members friends to older individuals in home environments occurs because of the caregiver's feelings ethical emotional obligation attachment. From a legal perspective, though, it might be ill-advised for an informal caregiver admit such motivation. Building on recently published study relevant litigation, this essay discusses changing cultural aspects when there is some expectation pay, property, or future financial legacy return present work sacrifices.Keywords: caregiving; law; pecuniary; financial; compensation; ethicalMtm been provid any with acute chronic medical mental conditions require various kinds assistance their daily lives. Historically, much has families (conceived here both functionally terms blood marriage relationships; Kane & Penrod, 1995). Family caretaking type management that may take form paying, hiring, and/or coordinating paid service deliverers who attend impaired individual's needs. caregiving, other hand, ordinarily takes personally providing direct, hands-on long-term care services one's relative. Besides specific needed person accomplish activities living, frequently involved sort (such as cohabitation forms physical closeness) relatives have desired stave off fears loneliness social isolation. Although raises several interesting issues, particularly regarding filial responsibility contribute financially purchasing professional member (Rickles-Jordan, 2007), focuses instead implications directly people relatives.More specifically, briefly explores one aspect relationship-whether rests love/guilt pecuniary expectations-with special attention connotations consequences. This discussion builds largely study, Someday All Will Be Yours: A History Inheritance Old Age, which Princeton historian former property law professor Hendrik Hartog (2012) examined detail more than 200 New Jersey appellate court decisions (and, many instances, accompanying trial transcripts) between late 1840s early 1950s gain understanding relationships gone awry.FAMILY CAREGIVING MOTIVATIONSFamily place where occurs. Ordinarily, are undertaken voluntarily chosen basis (Wylie Brank, 2009). Feelings indebtedness reciprocity, gratitude, intimacy, compassion, guilt act compelling psychological, moral, religious pressures, but pressures do not change-at least from perspective-the voluntary, gratuitous nature relationship (Funk Kobayashi, 2009).However, revealed Hartog's descriptions human stories underlying judicial opinions he parses, sometimes characterizing simply labor loving devotion paints very incomplete potentially unfair picture motivations understandings involved. Care caring only through love also cash land. Often, related personal sacrifices delaying foregoing marriage, career, life, privacy own living arrangements) motivated at part eventual material-as well emotional-reward. When disappointed, caregivers suffer silence, others pursue remedies make matter public record scenarios describes his fascinating, cogent, copiously referenced volume. …

参考文章(4)
Andrea Rickles-Jordan, Fillial Responsibility: A Survey Across Time and Oceans Marquette Elder's Advisor. ,vol. 9, pp. 183- ,(2012)
Rosalie A. Kane, Joan D. Penrod, Family caregiving in an aging society : policy perspectives Sage Publications. ,(1995)
Richard L. Kaplan, Federal Tax Policy and Family-Provided Care for Older Adults Virginia Tax Review. ,vol. 25, pp. 509- 562 ,(2005)