Am I liable to pay for a caregiver outside the agency we're using if I haven't yet signed the contract?

My mom's caregiver doesn't have a contract with the agency she works for and wants to quit to work for another agency that we would hire instead. There is a $5000 fee for one year should we hire her, but she will be quitting and I haven't yet signed the contract with the agency we've been using for about a month now. Will I be liable if I hire the caregiver?