Pflegevertrag

Pflegevertrag is a contract under civil law for the provision of care services to a person in need of care. It is typically concluded between the care recipient (or their legal representative) and a caregiver or a professional care service. The agreement governs the scope and organization of care, and it is generally considered a service contract rather than a medical treatment contract.

Content and typical clauses: A Pflegevertrag specifies the services to be provided, such as basic nursing care, assistance with daily activities, household support, and supervision. If relevant, it may also cover treatment or medical care by qualified personnel. The contract sets the schedule or agreed hours, the remuneration and payment terms, and any travel or call-out costs. It usually includes termination rules, notice periods, data protection and confidentiality, liability for damages, quality standards, and arrangements for staffing or replacements when personnel are unavailable.

Formation and legal context: A Pflegevertrag can be concluded orally or in writing, though a written form is advisable, particularly for long-term arrangements. Both sides must have the capacity to contract and freely consent. In consumer relationships, general consumer protection and contract law apply.

Relation to social and care insurance: In Germany, Pflegeverträge frequently relate to long-term care insurance (Pflegeversicherung). They may regulate the purchase of Pflegesachleistungen (services in kind) or Pflegegeld (cash benefits) and the documentation required for reimbursement. Providers often offer modular packages with fixed hours or rates, or bill per service.

Liability and termination: The provider must perform the agreed services professionally; liability for negligence can lead to civil-law claims. Either party may terminate the contract under agreed conditions, with consideration for the care recipient’s ongoing needs.