My salary has included living at the patients residence rent free. How long can I stay if she dies?

I was caregiver my client for 16 years... They didn't not kick me out till his house was sold...even I had another job soon my client passed. . it's depending on client's POA. I did stay at client's house till sold...exchanged for keeping house tip and top shape for till sold....

If my Mother were to pass away. I would be clearing out the house, the day of the funeral. That would be a necessity and I would do it while I had the man power there.

We hire caregivers as independent contractors and issue a 1099. Thats up to them to pay their taxes etc. Just because we dont take out taxes doesnt mean its wrong. We do everything legally.

Igloo, I know it is craziness and more than one set of regulations to figure out! Something needs to be done at the federal level, then all states follow suit. It is just beginning and is a nightmare. Then add to it if you are a family member, paid or not paid, and the family needs to be concerned with all of this as well!

Gladimhere - geez, this is not good. Whenever there is a caregiver being paid post on this site, it always is a red flag for me - whether that means possibly a Medicaid "gifting" or IRS misuse of issuing 1099's when the caregivers or domestics are really considered employees of the household and should be doing w2, FICA etc. 4 years is a long time not to be correctly building SS work history for the future.

Fair market value for rent to reduce salary, is against California law. Pam posted this link on another thread, you need to take a good look at it and contact these people that sound as if they can help.
domesticworkers.org/

Baby - has the family been paying you correctly these past 4 years? Like have they issued you a w2 based on your wages & the bartered income that is the Fair market value of the free rent? You've filed taxes on this reported income? So that everbody - both you as live-in household employee & the lady or her family or trust as employer - are all OK for taxes & FICA? Is there a written contract that states the terms of your employment? If so, then what suggestion & advice Pam & gladimhere wrote to you will be really important.

But if not, then all this gets sticky. So is all correct on taxes & reporting?

I dont think this a correct assumption that "the family will want you our as soon as possible." There are a lot of variables that we don't know. If the caregiver is living in the home of the elderly person, the family may want her to stay on until the property can be sold - rent free without salary - or possibly pay for you to house sit.

I assume you have a good relationship with the woman's children? If so, I'd have a talk with the most reasonable of them. 30 days is probably what the law provides (you're considered a tenant whether you're paying rent or not). But, if there's no one else living there, and the family trusts you, they may be willing to let you live there while they organize the house for sale and put it on the market. An empty house is very expensive to insure.

ilovemom2 makes a good point though – a caregiver who's willing to live-in and has good references from her last family, should have no problem finding a new job. The family of your current client should be willing to let you live in the house while you find your next client.

There are laws in California to protect you. Check with the State Department of Labor.

Most people get paid, living rent free should not be part of your salary. You should be paid for the around the clock care you give. We paid $17.50 an hour for the service, even at night. The family will want you out ASAP and you can expect that! Live in caregivers are hard to find, you'll have no problem finding a new place to live.

Assuming she ends up in a nursing home or dies, the Guardian or POA should give you written notice of 30 days to move. Assuming the wages have been duly reported and payroll taxes paid, you should also be entitled to unemployment benefits for California. Save your money, because the future can change quickly.