老人長期照顧契約之研究

A Study on the Elderly Long-term Care Contract

老化乃人類演化之必然現象與結果，隨著年齡老邁，每位老人均須面臨需仰賴他人照顧之問題，因此如何妥善照顧老人，使其有尊嚴走完人生終點，已成為當前社會之重要課題。本文主要在於探討老人照顧機構之運作現況、老人長期照顧契約之內容與問題之檢討，並以肯定契約範本之定型化、落實主管機關對於機構之評鑑、平衡機構與消費者雙方之利益、兼顧機構責任之分擔與消費者損害賠償之保障、釐清安養契約之當事人與性質以及放寬安養機構擔任監護人之限制作為結論。

Aging is an inevitable phenomenon of human society. While aging, every person has to face problems resulting from the needs for care. Therefore, it has become a crucial task of the modern society to work out appropriate measures for taking good care of the elders which will lead an aging life to its dignified end. This article will investigate the current operation of care organizations for elders and examine the contents and problems of longterm care contracts in Taiwan. Based on the research findings, solutions are recommended to develop a model contract for long-term care, to realize the evaluations on the care organizations by concerned authorities, to equalize the interests between the care consumers and the organizations, to balance the organizational responsibilities and the consumer rights for compensations, to clarify the party status and nature of the long-term care contract, and to ease the restrictions against the appointment of an organization to be the custodian of a disabled aging person.