ABSTRACT
This chapter explores the use of family agreements for the care of older people. It starts by setting out why it is that older people are turning to Family Agreements to create a formal legal basis for their care. The chapter examines the current legal response to these agreements. Typically, Family Agreements are made between an older parent and their adult child and usually involve a transfer of the older person's home to their adult child in exchange for a promise of 'care for life'. The chapter demonstrates that an inter vivos transfer made between an older parent and their adult child under a Family Agreement leaves the caregiving adult child vulnerable to post-mortem claims challenging the validity of the transaction. It is therefore argued that the law needs to better recognise the value of care work so as to encourage family caring and 'to reward them justly for their efforts'.
