New amendments in the Social Care Act, entered into force on 30th December 2017, bring significant step forward in protection of older persons against the abuse of contracts on support until death. Namely, from now on it is forbidden to all those providing social care, persons whom they employ and members of their families, to conclude contract on alienation or burdening of immovable assets of clients whom they provide social service to. This change was on several occasions proposed by Ombudswoman Lora Vidović warning on frequent abuse of contracts on support until death, due to the fact that in practice the elderly remain without care and property. Contract on support until death meant that the property belonged to the provider immediately upon the conclusion of the contract.
Although this novelty is very important, it is not sufficient; additional safeguards need to be introduced like a caregiver’s register and limit the number of contracts they may conclude. It is also necessary to change the Civil Procedure Act that the abrogation of the contracts on support until death be urgently solved.
In addition, older persons should be better informed on risks they may face by signing such contracts in order to avoid any abuse in the future.
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