Publication date: 22.09.2024
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Permanent third-party care is the provision of assistance and support to a person who, due to his physical or mental state, is unable to independently perform basic life functions and needs constant supervision and help from another person.
Question
What is constant external care, what does it include?
Answer
It can be help in household matters: cooking, cleaning, washing, buying food and other necessary things, if necessary, help in taking medicines, health control, escort to doctors, in performing personal hygiene, bathing, changing clothes, help with movement (if a person has a limited ability to walk or is completely motionless).
Permanent third-party care – is continuous care provided by another person to a person who cannot independently perform basic life functions due to health, old age or disability. Such assistance may be provided by a family member or by a special care service.
People who need constant care are usually people who, due to health, disability or old age, cannot independently perform basic life functions. These can be different categories of persons who, due to physical or mental limitations, need outside help in everyday life.
Categories of persons in need of constant care:
Elderly: Older persons who have problems with movement, memory or cognitive functions. Those who, due to age changes, cannot independently serve or carry out household tasks.
Persons with disabilities: persons with physical limitations (for example, paralysis, loss of limbs) who cannot move or serve themselves. People with mental or cognitive impairments such as Down syndrome, autism, or mental retardation.
Persons with chronic diseases: patients with severe forms of diseases, for example, diabetes, Parkinson's disease, Alzheimer's disease, cancer or heart diseases. Persons who need constant medical supervision and assistance in taking medicines, carrying out medical procedures.
Postoperative patients or individuals after serious injuries: people who are temporarily or permanently unable to move or take care of themselves due to complex operations or injuries.
People with mental illnesses: persons who have mental or nervous disorders (schizophrenia, dementia, depression, etc.) that do not allow them to independently perform everyday actions or adequately perceive the surrounding reality.
Children with special needs: children with congenital physical or mental disabilities who need constant supervision and help in everyday life.
Permanent care for the elderly — is a comprehensive care provided to the elderly who, due to physical or cognitive limitations, cannot perform daily life functions on their own. Such care may be required due to age-related changes, chronic diseases or dementia.
Issuance of permanent care for an elderly person
Issuance of permanent care for an elderly person — is a legal and administrative procedure that makes it possible to officially recognize the elderly person's need for care and, depending on the situation, receive material or social assistance to ensure proper care.
Steps to design permanent care:
- The first step is to consult a doctor (family or specialized specialist) who can assess the health of an elderly person. The doctor must issue a medical certificate stating that the person needs constant external care due to age, illness or disability.
- After receiving a medical opinion, it is necessary to contact the relevant social services (territorial social service center or social protection body). The social services carry out an assessment of living conditions and determine what types of assistance may be provided (material assistance, appointment of a carer, etc).
- If an elderly person is entitled to receive financial assistance or compensation for care, this is processed through the social security agencies. The allowance may include monetary compensation for the care or payment for the services of a professional care.
- If care is not provided by a family member, but by a professional caregiver, a suitable person or service specializing in such services must be found. It may also be necessary to conclude a contract between the family and the caregiver, which will specify the duties and conditions of payment.
- In some cases, family members may draw up a care contract. This is a legal document that establishes the obligations of the parties to provide constant care.
Necessary documents for care registration:
- Medical certificate confirming the need for constant care.
Passport of an elderly person.
Identification code.
Pension certificate.
Certificate of income (if necessary).
Caregiver's documents (passport, personal identification number), if care is carried out by another person.
Permanent care of an elderly person can be carried out by both family members and a professional caregiver.
If care is provided by a family member, he may claim compensation for the performance of this work from the State. In case of absence of relatives, care can be provided by social services or in specialized institutions.
In this case, it is necessary to draw up an opinion of the conclusion of the LCC on the need for permanent third-party care this is an official medical document issued on the basis of the decision of the medical commission. This certificate confirms that the persons in need of permanent external care due to his health. Issuance of permanent care for an elderly person helps to ensure his physical, social and medical protection, and also enables relatives to receive financial assistance or the legal status of a caregiver.
Issuance of a LCC certificate on the need for permanent third-party care — is an important step for obtaining social benefits and proper care for a person who needs constant third-party care and cannot serve himself due to his health.
Completion of permanent care for an elderly person may require legal support to resolve issues related to the legal status of the caregiver, social benefits, processing of documents, as well as protection of the rights of both the elderly person and his caregiver. Legal assistance in this process can be particularly useful if there are difficulties in recognizing the need for care, receiving compensation or in cases where a care contract needs to be concluded.
Legal support for care includes:
- Consultation with a lawyer: determining what rights and benefits a person in need of care has and how to properly arrange permanent care. Review of documents and clarification of the procedure for registration of care, social assistance and compensation for the caregiver.
- Assistance in obtaining a medical certificate of the LCC: a lawyer can help with the correct preparation of documents for obtaining a medical certificate about the needs permanent third-party care. Support in the process of passing the medical consultation commission (LCC), if there are difficulties in obtaining a conclusion.
- Issuance of caregiver status: a lawyer helps to draw up documents for official recognition of a person as a caregiver, registration of permanent care for an elderly person (if it is a family member or an employee). Advice on receiving compensation from the State for care or the processing of assistance for a person in need of care.
If there are difficulties in obtaining a medical certificate or social assistance or it is necessary to formalize a contractual relationship between the caregiver and the family in order to receive appropriate benefits and compensation from the state, legal support will help to avoid legal and bureaucratic problems, ensure the correct preparation of all necessary documents and protect the rights of participants in the care process.
Contact our qualified lawyers and advocates of the Consultant service, who will help to draw up an act of establishing permanent care and protect the rights of an elderly person in case of conflicts or violations.
