Support consists of necessaries such as food, clothing and shelter and, in some cases, medicines and medical services. A promise to furnish support is sufficient consideration for the transfer of ownership of property, or for the assignment of a payment. Similarly, an agreement to make a bequest or devise in return for a promise of support is enforceable.
Support agreements are governed by general contract law and require legally sufficient consideration in return for the promise of support. A moral obligation unrelated to a legal duty, such as that between parent and child, is insufficient consideration for a promise to furnish support. The agreement should carefully define the term "support," specifying whether the obligation includes payment for such items as medical care and services and funeral expenses. The agreement should specify whether the beneficiary's choice of residence is limited to the home of the promisor or whether the payment of money instead of providing services and material comforts is allowed.
Where real property is conveyed as consideration for a promise to furnish support, the grantor may reserve a lien or otherwise subject land conveyed to an equitable charge in order to assure the grantee's performance, and such a reservation should be expressly included in the language of the deed or support agreement. A contract to provide support may be secured by a mortgage n the promisor's property and a grantee's covenant to support the grantor may be secured by a mortgage back from the grantee.
