This Form is an Agreement between a nursing home and a prospective resident to allow the resident to move into the nursing home where the resident will receive care. The Agreement requires the resident to assign all of the resident’s property to the nursing home in case it will be needed to provide for such care. The nursing home is given control over, but not absolute ownership of the assets of the resident.

RELATED CLE COURSE(S): Would you like to listen to, and earn CLE credits for, a course on this and/or related topics? If so, please go to www.nlfonline.com for our online CLE courses available 24/7 and to www.nlfcle.com for our CLE courses on Audio CD, DVD and CD-ROM. On both of these web sites, click on your state (or any state if you do not care about earning CLE credits) and scroll down to the course title(s) which interest you.

This Form is a Durable General Power of Attorney that is designed to become effective only in the event of the disability of the person granting the power. The disability must be proven by the certification of a physician that the grantor of the power is, in fact, disabled. Unlike a Power of Attorney that is effective immediately upon execution, this Form requires the physician’s affidavit as a prerequisite to becoming effective.

This Form is a Durable Power of Attorney. It is designed to be effective immediately upon execution, and to remain effective in the event of the signer’s disability or incapacity. This Form does not require any proof of disability of the person signing it.

This Form is a Health Care Directive to be signed by a person who does not want “heroic” measures taken to protect life where there is no quality of life remaining. The Form also appoints a person (along with a successor) to act on behalf of the signatory and represent the signatory’s interests with the health care community.

This is a Form of Pre-Nuptial Agreement to be used by persons contemplating marriage and desiring to protect their respective assets. It is essential without exception that the Agreement include Schedules listing all of each person’s assets and include a recitation affirming that each has engaged separate representation. There must be full and complete disclosure of one’s assets.

This is a Form of a Private Annuity. Note that it is important for tax reasons to recite that the transferred property is not responsible for the payments due to the annuitants, and that the transfer of property is not secured. In doing a private annuity transaction, it is important that the annuity payments be made based on the value of both the transferred property and the actuarial life expectancy of the annuitant to avoid any inference of a gift; hence the references in the Agreement to these items.