Abstract: Supporting parents is the obligation of children, but there are also situations where parents are not supported. Faced with such a situation, it can actually be solved through legal means. There are clear legal provisions for supporting parents. In the support agreement, the specific content of supporting parents can be clearly stated. So, how to write an agreement to support the elderly? What issues should I pay attention to when signing an alimony agreement? Below, let’s take a look and find out more, I hope it can help you. 1. How to write an agreement to support the elderly?
In terms of the format of the support agreement, you should pay attention to the following aspects:
1. The four words "support agreement" should be written in the center;
2. Write the names and ID numbers of both parties A and B at the beginning;
3. Contents that conflict with the country’s laws and regulations must not appear in the agreement;
4. The support agreement must include: Be clear about whether the dependent and the caregiver live together, and the living standard of the dependent;
5. It must be stated that when the dependent is sick, the caregiver must provide timely medical treatment and provide daily care. and care. ;
6. If the dependent is unable to pay for medical treatment, nursing and care expenses, the caregiver should bear the expense;
7. When the dependent cannot take care of himself, the dependent will be responsible for Care of the dependent;
8. In addition to protecting the rights and interests of the dependent as above, it must also be reflected in the terms that the caregiver shall not misappropriate the property of the dependent without the consent of the dependent;
p>9. When drafting a support agreement, try to be as specific and comprehensive as possible. To prevent unnecessary disputes in the future.
2. What issues should be paid attention to when signing a support agreement?
When signing a support agreement, the issues that need to be paid attention to can be summarized into the following aspects:
1. It is not allowed to agree on conditional performance of support obligations. Supporting parents is a child's legal obligation and cannot be subject to any conditions. For example, a caregiver may not be exempted from the obligation to perform support obligations on the condition of giving up inheritance rights, and the caregiver may not measure the size of his or her obligations based on the share of the parent's property. If similar agreements are made between the caregivers in the agreement, the agreement or related provisions will be invalid.
2. The property of the dependent shall not be disposed of. An agreement signed between caregivers shall not dispose of the property of the dependent. The dependent's property can only be disposed of by the dependent, and even his children have no right to dispose of it without the dependent's consent. If there is a similar disposition in the agreement, the agreement or related provisions will be invalid.
3. Obtain the consent of the dependent. Agreements signed between caregivers regarding the performance of support obligations must obtain the consent of the dependent. If the dependent no longer has full capacity for civil conduct, the caregiver must sign a support agreement.
4. The "agreement to terminate the parent-child relationship" is an invalid agreement, and the children may not use it as a defense for not performing their support obligations, except where the two parties terminate the adoptive parent relationship due to the termination of the adoption relationship.
5. If the dependent does not fulfill the agreement, the dependent may request mediation from the family member’s organization or neighborhood committee or village committee, or may directly file a lawsuit with the People’s Court. There is no statute of limitations when filing an alimony lawsuit and the fees are low. If the dependent is in financial difficulty, he or she may also request a deferment or reduction of litigation fees. If an elderly person needs legal help but is unable to pay for a lawyer due to financial difficulties, he or she can apply for legal aid and a lawyer will represent him or her in litigation free of charge.
A support agreement is the result of the true intentions of multiple parties, and the content of the agreement should be the focus of attention of both parties. When you encounter issues such as the drafting and signing of an alimony agreement, you can consult a lawyer to determine the responsibilities and obligations of each party in the agreement. This will not only comply with legal regulations, but also help fully protect the legitimate rights and interests of the parties and help settle lawsuits and disputes. .
3. Sample agreement for child support for the elderly
Name of the dependent:
Name of the dependent:
To protect the dependent Legal rights and interests, to effectively protect the dependent's life in his later years. According to relevant legal provisions, the caregiver and the dependent sign the following support agreement.
Article 1. Basic principles of support
1. Supporters, regardless of gender, have the obligation to support the dependents. Each supporter should actively perform financial support for the dependents. , life care and spiritual comfort obligations.
Sponsors should respect the living habits, religious beliefs, and privacy of the dependents, and are prohibited from insulting, slandering, beating, maltreating, or abandoning the dependents. The spouse of the caregiver should assist the caregiver in fulfilling his support obligations, and family members of the caregiver should respect and take care of the dependent. The various support expenses and materials required by the dependents shall be borne by the dependents through negotiation based on their respective financial conditions.
2. When the dependents are in good health and their financial conditions permit, they will provide assistance to the dependents and their families on a voluntary basis and according to their ability, and reduce the burden on the dependents as appropriate. The dependent may provide the caregiver with certain assistance if he or she is able to do so, but the caregiver may not require the dependent to undertake labor that he is unwilling or unable to do.
3. The property rights, house rental rights and residence rights of the dependents are protected by law. Without the consent or authorization of the dependents, the dependents and their spouses and children may not seize, sell, rent or transfer the property. Or dismantle. If the dependents finance the renovation with the consent of the dependents, the property rights and residence rights enjoyed by the dependents should be clarified.
4. The caregiver shall not force the dependent who has a spouse to support them separately. The caregiver shall respect the freedom of marriage of the dependent, and the dependent shall have the right to bring his own property and remarry; the caregiver and his family members shall not seize, divide, conceal, or destroy property belonging to the dependent on the grounds that the dependent's marital relationship has changed. The dependent’s house and other property, or restrict the dependent’s use and disposal of all property. If the dependent person remarries, the caregiver still has the obligation to provide support and shall not use this as an excuse for not fulfilling the obligation to support him.
5. Dependents have the right to inherit the inheritance of their spouse, parents, and children and receive legacies in accordance with the law. The dependent's property shall be at the independent disposal of the dependent in accordance with the law, and the dependent, his spouse, and children shall not forcibly demand it from the dependent. Among the dependents who have better financial conditions, the alimony can be appropriately increased for the dependent. For those with poor financial conditions, the alimony can be appropriately reduced with the consent of the dependent and other caregivers.
Article 2. Main obligations of the caregiver
1. The caregiver should ensure that the dependent purchases two sets of outerwear, one set of underwear, shoes, hats and other personal items every year. The expenses will be borne jointly by the caregiver. The caregiver must ensure that the dependent's clothes and bedding are clean and tidy. If the dependent lives alone, the current caregiver is responsible. If the dependent lives with the dependent, the co-resident caregiver is responsible.
The current caregiver refers to the caregiver who takes turns supporting, nursing, and caring for the dependent in accordance with this agreement. When it is the turn of a specific caregiver, the caregiver will be the current caregiver. The latest support agreement contract Template latest support agreement contract template for the elderly.
2. The caregiver should properly arrange the dietary structure of the dependent, ensure that the dependent is full and well-fed, and ensure that the dependent has at least one meal of meat, fish, eggs, fresh vegetables and fruits per week. The purchase of food, cooking and cleaning of tableware are the responsibility of the current caregiver if the dependent lives alone; if the dependent lives with the caregiver ***, the responsibility of the co-resident caregiver is the responsibility. If the dependent has special requirements for meals, the requirements of the dependent should be met as much as possible. If the dependent lives alone and is responsible for purchasing and cooking, the expenses required shall be borne jointly by the caregiver. With the consent of the dependent, the caregiver may provide food, vegetables, firewood, rice, oil, and salt. Wait for the real thing.
3. The caregiver should provide the dependent with a safe, comfortable and convenient place to live and other daily necessities. The caregiver shall properly arrange the housing of the dependent and shall not force the dependent to move to a house with poor conditions. If the dependent lives alone and the house is damaged, the caregiver shall be responsible for timely repairs to ensure that the dependent's residence is not broken, leaky, clean and tidy, and the expenses shall be borne jointly by the caregiver. If the dependent person rents a house to live in, the rent will be borne jointly by the dependent person. If the dependent person does not have a house to live in due to house demolition, the dependent person can choose to live in any supporting family. No supporter may withhold or appropriate the demolition compensation of the dependent.
4. If the dependent cannot travel on his own, the caregiver should arrange time for the dependent to travel, and the transportation expenses required for the current period shall be borne by the caregiver. The daily necessary expenses such as water, electricity, coal, etc. required by the dependents when they live alone shall be borne by each of the dependents. The replacement and maintenance costs of daily necessities and personal items of the dependents shall be borne jointly by each caregiver.
5. If the dependent is sick, the caregiver should provide timely medical treatment and be responsible for daily care and nursing.
The dependent's daily examinations, medical treatment, and medicine purchase are the responsibility of the current caregiver or the person living with him, and they can be purchased nearby. If the dependent is seriously ill and needs hospitalization, he or she should be treated nearby. During the period of hospitalization of the dependent, the dependents will be cared for by each of the dependents in turn. If there is no time or conditions for personal care, the current dependent will hire a dedicated person to take care of the dependent.
6. When the dependent is unable to take care of himself, if the caregiver takes care of himself, the care will be taken by the current caregiver in a rotation once a month. If an individual caregiver is unable to personally take care of the dependent, he or she may ask someone to take care of the dependent according to the dependent's wishes and pay the required fees in a timely manner. The caregivers can negotiate to have one of the caregivers take care of the child, and the other caregivers should pay corresponding subsidies. The amount of the subsidy is negotiated between the caregivers.
7. If the person being supported is frail, sick and has difficulty walking, the caregiver must provide timely medical treatment, care and careful care, care for the dependent mentally, and must not use rude and arrogant language to treat the dependent.
8. The caregiver must celebrate the birthday of the dependent every year, and the banquet expenses must be borne by all caregivers. During the celebration, the caregivers should try their best to create a relaxed and pleasant atmosphere, and should not talk about topics that hurt or insult the dependents or other caregivers.
9. The supporter has the obligation to farm, plant, and harvest the dependent’s responsibility fields, contracted fields, and private land according to the dependent’s wishes, and to take care of the dependent’s trees and livestock, and the proceeds will belong to the dependent. Owned by dependents. The dependents may provide appropriate subsidies to the dependents who provide labor services.
10. The caregiver is obliged to pay various fees and pick up and deliver items and mail according to the requirements of the dependent. The caregiver has the obligation to manage other affairs according to the requirements of the dependent, and other caregivers are not allowed to interfere.
Article 3. Methods and cycles of support
1. If the dependent lives alone, the caregiver should take the initiative to provide support at home, and each caregiver should rotate once a month.
2. If the dependent lives with the dependent, the dependents will rotate once a month in order of age, and the next dependent will be responsible for picking up the dependent.
Article 4. Amount, payment method and payment time of alimony and joint expenses
1. If the dependent lives alone, the caregiver shall pay monthly The alimony for the dependent is X yuan.
2. The caregiver should pay alimony in cash, and the caregiver should fill in the corresponding vouchers. The caregiver should bear the burden of proof for the payment of alimony or the expenses shared by ***.
3. Alimony or joint expenses shall be borne by the caregiver. If the dependent has retirement salary or other income, the alimony or joint expenses shall be withdrawn first from the dependent's retirement salary or other income, which shall be determined by the current caregiver, live-in caregiver or scheduled guardian. , the person entrusted by the dependent is responsible for the withdrawal.
If the dependent has medical insurance, the payment shall be made from the medical insurance or medical insurance card. Medical and nursing expenses that cannot be reimbursed by medical insurance or that the dependent cannot pay shall be borne by the dependent *** at the same time. bear. If the dependent agrees to draw from deposits or other property, the caregiver can draw from it on the premise of retaining the funeral expenses, and the caregiver will bear the shortfall.
4. The content of the alimony agreement shall be adjusted according to the actual situation and local economic and social development conditions; if the dependent lives alone, the alimony standard will fluctuate every two years according to the local price increase, and shall not be lower than The living standard of the current dependent family members or the local minimum living standard (whichever is higher).
Article 5. Expenses that are shared equally by all caregivers
1. Clothing, food, housing, transportation, medical expenses, etc. of the dependent.
2. Water, electricity, coal and other living expenses incurred by the dependent living alone.
3. The expenses for the dependent’s birthday party.
4. Funeral expenses and other expenses incurred by the dependents that need to be shared equally.
Article 6. Sharing of funeral expenses and inheritance of the dependents
1. After the dependent person dies, the dependents shall handle the funeral in accordance with the relevant regulations of the state, and the funeral expenses shall be from The inheritance of the dependent shall be withdrawn, and the deficiency shall be jointly borne by the dependents.
2. Supporters should abide by the relevant national regulations on funerals and must not be extravagant or wasteful. If an individual caregiver handles funeral arrangements exceeding normal standards without consulting other caregivers, the expenses incurred shall be borne by the responsible person.
The caregiver *** shall bear the responsibility for reasonable expenses within the normal range. Latest Support Agreement for the Elderly Contract Sample Latest Support for the Elderly Agreement Contract Sample.
3. After the dependent person dies, the estate of the dependent person will be executed according to the will if there is a will. Those without a will will inherit according to the provisions of the Succession Law. The dependent's personal belongings, gold and silver jewelry and other inheritance can be obtained by the caregiver through bidding, and the proceeds will be inherited in accordance with the provisions of the Inheritance Law.
Article 7. Conditions for Agreement Changes and Dispute Resolution Methods
1. Changes to this Agreement must be made with the full consent of the dependents and caregivers before they can be changed or modified.
2. If a dispute arises due to the performance of this agreement, the dependent parties shall negotiate amicably; if the negotiation fails, they may request mediation organizations such as the village committee for mediation; if mediation fails, the dependents and caregivers shall The case shall be brought before the People's Court of the place where the dependent lives.
3. During the negotiation and mediation process, each caregiver should negotiate based on the principles of seeking truth from facts, seeking common ground while reserving differences, and most conducive to safeguarding the interests of the dependent, and properly handle disputes.
Article 8. Liability for breach of contract
1. The caregiver shall not refuse to perform support obligations on the grounds of giving up inheritance rights, changes in the marital relationship of the dependent, or other reasons.
2. If the caregiver fails to perform his support obligations, the dependent has the right to require the caregiver to pay alimony.
3. If the caregiver fails to pay alimony and co-shared expenses, in addition to paying alimony and co-shared expenses, the alimony and co-shared expenses must also be paid according to the alimony and co-shared expenses. A penalty of 1% per day of the shared fee amount will be paid. Litigation fees, attorney fees, transportation fees, and nursing staff fees during the support period due to the caregiver's failure to perform this agreement shall be borne by the defaulting caregiver.
4. If the caregiver fails to fulfill his support obligations, he or she will receive less or no share when inheriting the inheritance. Latest Support Agreement for the Elderly Contract Sample Contract Sample.
5. If some caregivers fail to perform their obligations, the other caregivers will continue to perform the obligations stipulated in the alimony agreement in the order of eldest and youngest after the caregiver who failed to fulfill their support obligations. No caregiver shall take this as a reasons for not performing their obligations.
6. The caregiver of this agreement, ***, shall also entrust the village committee to supervise and implement it.
7. This Agreement consists of *** pages, in X copies, and has the same legal effect. The caregiver, the dependent, the supervisor of the performance of the agreement, and the village (resident) committee each hold one copy.
Signature of the dependent:
Signature of the caregiver
Time of signing the agreement:
Place of signing the agreement: