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A flat in return for caring for an elderly person

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Text from 2019. Laws, rates and prices may have changed since then. Ask an agent

A flat in return for caring for an elderly person

A few years ago special websites appeared on the internet where you can post adverts about caring for elderly people. The proposed or required form of payment is often the use of the cared-for person's flat. Can you receive a flat in return for caring for an elderly person? Find out more about this solution.

• Caring for an elderly person
• Is such a solution fair?
• A flat in return for caring for an elderly person – two types of agreement

Caring for an elderly person

Many people post adverts on the internet concerning permanent care of an elderly person, when they are unable to provide it themselves. The task is meant to involve not only preparing meals, helping, taking the person to the doctor and performing basic activities, but also living with the elderly person. The requirements are considerable, but there remains the matter of remuneration. Transactions that can be regarded as cashless are often offered. The carer will not receive a regular salary, but may stay in the sick person's flat free of charge. Sometimes the proposals go further, and the remuneration is meant to be taking over ownership of the property after the death of the person being cared for.

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Is such a solution fair?

Are you wondering how many people are willing to enter into such an agreement? Some propose such a solution themselves. A flat in return for caring for an elderly person seems very attractive to some people. Sometimes they take the initiative themselves. You will also find adverts from people who want to provide care on such terms and are looking for takers themselves. The question remains whether this solution is fair. It all depends on the good faith of both parties to the agreement. If the person acting as carer duly performs their duties, they should receive remuneration. However, it is worth getting to know the other party to the agreement. Dishonest people may come forward. If we decide to transfer ownership, it takes effect from the day the agreement is signed, not only after the current owner's death.

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A flat in return for caring for an elderly person – two types of agreement

In this case we can choose between two types of agreement: a life-long maintenance agreement (dożywocie) and permission to use the property. The life-long maintenance agreement gives the right to use the premises. The Civil Code provides for this possibility where the acquirer takes the transferor into the household. The second case is allowing a chosen natural person to use the property. The carer receives the right to live there. This easement (służebność) expires at the latest on the death of the entitled person.
Remember that solutions of this type involve a great deal of risk. The carer does not always turn out to be honest.

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