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As a caregiver, how should I handle a contract which states things which do not apply, yet gov. needs signature & no write-ins?

Asked over 2 years ago - Auburn, WA

I have accepted the responsibility of caregiver for an individual with whom I live alone and who needs certain, but not constant, live-in care. The state, who pays, requires me to sign a general contract for contractors, not employees, without writing anything additional on it, yet they agree that several portions of it do not apply to my speciifc situation. It has been suggested that I attach a separate sheet stating that I understand that some things are not applicable but I am signing it because it is a requirement. Is this a good course of action? If not, is it unethical, illegal, or otherwise unwise to sign it when parts are not applicable if I have their verbal assurance that I will only be held accountable for the parts that apply? If in writing? Other advice? Do I decline the work?

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Attorney answers (2)

Thuong-Tri Nguyen

Reputation Level 20

Answered over 2 years ago. Family Law Attorney in Renton, WA.

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If you sign an agreement with parts to which you do not agree, you generally cannot later argue that you did not agree to those parts. Generally, if the writing in not ambiguous, there would be no reason for the court to not enforce the agreement as agreement.

The thing to do with preprinted contracts with provisions not applicable to the current situation or unacceptable to you is to cross out those provisions and have all parties indicate their agreement by putting their initials or some other marks by the crossed out provisions.

Your contacts in the government may not like you crossing out the provisions as the contacts likely are not attorneys or have the authority to modify the agreement.

You should review your specific facts with your attorney to see what legal options you have.

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Shawn B Alexander

Reputation Level 19

Answered over 2 years ago. Real Estate Attorney in Olga, WA.

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I agree with Mr. Nguyen, the formality of the contract is important and you should strike the portions and also ad the addendume as the state requests. If you work your way up the food chain with the state , eventually you will find someone with authority to accept an altered contract.

Good Luck

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