Follow
Share

What legal things do I need to be aware of? How do I draw up a contract? Any recommendations would be appreciated.

This question has been closed for answers. Ask a New Question.
Find Care & Housing
I believe that you can find forms to print online. Or you can hire an attorney if you are concerned about specific details.

Stick around for more answers from other posters.

Good luck!
Helpful Answer (1)
Report

One person by themselves cannot provide 168 hours of care a week. Your candidates will have nowhere else to live so their mail will come to your door. Now you have a tenant who won’t have to pay rent or perform services for months until being. Evicted.
Helpful Answer (4)
Report

Maddydee23, welcome to the forum. When it comes to an independent live-in caregiver there are many things to consider.

You would need to do a background check on this person. Plus make sure they are up-to-date on their flu and covid shots. And that you are up-to-date on all the required shots recommended by your primary doctor.

You would need to do the payroll, take out necessary payroll taxes. Plus supply a W2 or 1099 for income taxes to the caregiver. Or you could hire a payroll company to do that work. Would you pay double time for holidays? Or does the caregiver get that holiday off? What about vacation days off?

You would need to draw up an employment contract stating the number of hours the caregiver would be working, the duties, and what days they would have off. You may want to consider two caregivers, one for the weekends who comes in during the day. Here's a sample: https://cdn-care.com/media/cms/pdf/adult-and-senior-care-contract-caredotcom.pdf Also check regarding labor laws in your State.

You would need to contact your home insurance carrier as you would need to obtain a workman's comp policy since you would now be the "employer", in case your employee gets hurt at home.

Put in the contract about Social Media, that the caregiver cannot share any photos of you or pictures of your house, etc. Nor any personal information about you.

When my Dad needed someone to help him, he hired 3-shifts of caregivers through an Agency, the caregivers were already vetted and experienced. Plus the caregivers would go home to get a good night's sleep so they would be ready for their next shift. And if one could not make their shift, the Agency quickly found someone else to fill that shift. The Agency did all the payroll work, plus the Agency was licensed, bonded and insured. Yes, it was expensive doing this, but well worth the cost.

Later Dad found it would be less expensive if he sold his house and moved into senior living where he had a nice 2 bedroom apartment with a full size kitchen and large living room [Independent Living].
Helpful Answer (8)
Report

as freqflyer stated... you are now the employer you will be in charge of taxes, contracts, days off, sick time, finding replacements, and all the legal items. This will be a job for you.
Helpful Answer (1)
Report

I have never done this. I understand it is SO MUCH less expensive, but if I didn't actually KNOW the persons I was hiring, I am afraid as an elder I would be afraid to do this. When you bring a caregiver into your home they not only have access to your things, but they have access to your identity information. I guess in this day and age there is some way to check into peoples' legal history, convictions, but I sure wouldn't know how to negotiate them. I don't know how much checking and vetting is done by your average agency, but you can ask.
I worry also about being responsible for someone claiming that they injured themselves by caring for me, or that I didn't pay their hours correctly, or that I should pay them under the table without the IRS knowing it, or or or or............. Just so much stuff.
So basically I would suggest if you intend to do this that you take your questions to an elder law attorney, who can answer them all from an expert's point of view. I do know THAT costs money, as well, but I would be too chicken not to try to protect myself. What if you hire someone and they come to your home and injure themselves, making claims on your insurance? Do you have a good umbrella policy to defend yourself?
Just things to think about and I hope if you come to a good way to do this you come back and let us know.
Helpful Answer (7)
Report

You will be the person's employer and landlord. Unless you're ready to take on all that responsibility, don't do it and go with a-la-carte in-home helpers. For example, a housekeeper can not only clean house, do laundry, make beds, etc. but some also will accept extra work like going grocery shopping and preparing meals. And you don't need to worry about them being your employee and tenant. In my personal opinion - and this is from years of watching my FIL's two aides - they aren't worth the trouble if they were also living with him.
Helpful Answer (2)
Report

I was able to set up a live-in caregiver with the assistance of an attorney who drew up the contract. It was costly and timely, with multiple revisions and negotiations, but well worth it. The lawyer had access to real estate law advice specific to my state so the caregiver is not a tenant.

I use the website homepay through care.com which handles the W2 and taxes so I just write the checks.

I had to do a lot of research on my own regarding the other items that people listed on this forum- homeowners insurance, liability insurance, background check etc.

We were very fortunate that we knew the caregiver as a daytime employee before making the transition to live-in. I have an agency on the weekend who provides “time off” for the live-in caregiver. My mom has fortunately flourished being back in her own home and the live-in caregiver is able to motivate my mom more than I could while she was living with me.

I visit almost daily, grocery shop for specialty items, have all the mail and bills forwarded to me and handle all medications. I also take my mom to doctor’s appointments and the caregiver accompanies so the set up remains a big commitment, but the hourly responsibilities decreased and gave me my life back.
Helpful Answer (5)
Report

Elder Law Attorney
Helpful Answer (1)
Report

Liabilities?

Employment Laws (state and federal)
Safety Laws
Worker's Comp
Others?
Helpful Answer (1)
Report

Just realize that if you hire an independent live in caregiver that this will now become their home. They’ll have access to all your parents private information and since this will be their home also expect them to have their own guests at your parents’s home.

Another thing to think about is when your parent is no longer able to live in the home or passes.

The caregiver my sibling hired stayed in my mom’s home when she was hospitalized & then passed staying there for a total of 11 months alone with my mom’s estate still paying all the bills
Helpful Answer (1)
Report
BurntCaregiver Mar 2023
@Jada

Your situation is exactly the reason why no one should ever hire just one live-in caregiver.
Hire two that split the week. Hire one for the weekdays and one for weekends.
This way the caregiving position never becomes someone's home.
You had one live-in for your mother. Did you expect that her bags would be packed and she'd be ready to go after the funeral was done?
This is why you never hire just one to provide round the clock. Also, never allow a caregiver to list their position as their official address and never let them receive mail there.
(2)
Report
Hire privately and pay privately. Always hire more than one and have them split the week. This way everyone gets time off and the client's home is not anyone's actual residence. Do not allow your caregivers to receive mail at the client's house either.
It can be up to the caregivers you hire to take out their own taxes if they're operating as an independent contractors. If you make an arrangement that part of the wages will be paid in the form of room and board, then you will have to allw the caregiver to make the client's home their official address and you should never do that.
You can make up a contract on your own that is signed by your caregivers, and witnesses, and that is notorized. You don't have to hire a lawyer to do this for you.
Of course you can if it makes you more comfortable.
I worked a round-the-clock care position years back with another caregiver. We split the week. We were responsible for filing our own taxes. The employer did nothing for us and it was perfectly legal.
Helpful Answer (4)
Report
Invisible0ne Mar 2023
Brilliant advice as usual!
I have myself & another part-time caregiver currently & have been trying to hire another caregiver to complete the operation in caring for my father.
My goal is to keep him out of a facility for as long as possible.
When working with an agency I was quoted $40 plus per hour. These same agencies had job vacancy postings offering a wage of just $17to$18 per hour. So I’ve been offering between $23 to $30 to start depending on experience.
My recruitment tactics for my vacant position are becoming increasingly creative though. I think I’ve exhausted the local church circuit so I’ve been looking for an in-person caregiver support group- kill 2 birds with one stone. Fingers crossed.
(0)
Report
See 2 more replies
Maddydee23: Perhaps you need to retain an elder law attorney since you will be this person's employer and must take into account taxes, etc.
Helpful Answer (0)
Report

This question has been closed for answers. Ask a New Question.
Ask a Question
Subscribe to
Our Newsletter