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What is a maintenance agreement？
Time:2025-08-28 Views:1021
Summary: A support agreement is an agreement signed between caregivers on an equal and voluntary basis to fulfill their support obligations. This agreement requires the consent of the dependent.
Article 17 of the Law on the Protection of the Human Rights of the Elderly clearly stipulates that "caregivers may sign agreements to fulfill their caregiving obligations and obtain the consent of the elderly." This legislation has certain novelty and is of great legal significance for better protecting the legitimate rights and interests of the elderly.
The content of the support agreement:
1. Clearly define the economic obligations that the dependent must bear. The amount of expenses that the first caregiver should share, the specific amount, the clear payment method, monthly, quarterly, annual payments, etc. The means can be RMB or other currencies, as well as implementation, grain and oil, firewood, vegetables, etc.
2. Take care of the daily life of the dependent. Laundry, cook, and accompany to see a doctor when sick. The division of labor in nursing and other aspects during hospitalization.
3. No criminal acts should be committed against the dependents.
In the support agreement signed between the elderly and their children, basic living needs are stipulated, such as detailed provisions for food, clothing, bedding, heating, pocket money, medical treatment, and care during illness, and it is clear which child is responsible for what? Time must be provided to the elderly, and even the amount provided should be clearly stated. The support agreement is binding. It is mandatory for both the caregiver and the dependent to comply. It is also the main basis for mediation by the village committee or judgment by the people's court. The method of signing a support agreement to constrain caregivers to fulfill their obligation to provide material support for the elderly has played an important role in ensuring the basic living needs of rural elderly people. From the effectiveness of promoting family support agreements, it is indeed a good way to consolidate and improve the family elderly care system at the current stage, fully utilize the function of family elderly care, carry forward the fine tradition of respecting and honoring the elderly of the Chinese nation, enhance legal awareness of fulfilling support obligations in accordance with the law, promote family harmony, reduce family disputes, and protect the legitimate rights and interests of the elderly.
Details to be noted when signing a support agreement
A support agreement is an agreement between a caregiver and a dependent, or an agreement between multiple caregivers to share their support obligations. Caregivers can sign agreements to fulfill their caregiving obligations and obtain the consent of the elderly. The residents' committee, village committee, or the organization where the caregiver is located shall supervise the performance of the agreement.
Attention should be paid to the following details in the support agreement: the name, gender, date of birth, and home address of the dependent and the caregiver; The relationship between the dependent and the caregiver; The main obligations that a caregiver should fulfill include sharing the cost of support, cultivating, planting, managing, and collecting grain fields, self owned land, and contracted land for elderly people in rural areas, providing wages, benefits, and property income for elderly people in urban areas, covering medical expenses for hospitalization and hiring caregivers for elderly people, and bearing funeral expenses after death; The payment method and time for alimony and other material assistance provided by the caregiver; Measures to protect the property of dependents; The conditions for changing the agreement and the methods for resolving disputes; Υ Contractual responsibility; Other protocol details. If there is a supervisor who fulfills the agreement, they should sign the agreement.
It should be noted that the agreement shall not contain any anti legal content that violates the legitimate rights and interests of the dependent, such as disposing of their property or fulfilling their support obligations under the condition of relinquishing inheritance rights. In addition, if the dependent no longer has full capacity for civil conduct, a support agreement should be signed between the supporters.
For more knowledge about parental support agreements, it is recommended to click on: Legal regulations on parental support and family support agreement template Sichuan Faneng Law Firm is dedicated to serving you.