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funkymonkey Asked July 2016

Would a verbal agreement hold up like a written contract?

She had a trip and fall in her home. She had hurt her knee cap, she asked for help . Got her crutches but she didn't know how to walk with them. Got her a walker for her to get around. Then that's when all the duties started. Even had to help lift her from toilet until she was able on her own. If not, how do I set up a written contract ????
Do I write it on binder paper and list both parties and duties , then have us both print and sign and dated.......
Then take it to an elder lawyer ????

funkymonkey Jul 2016
Thank u grandma 1954...
Thank u gardenartist...

Grandma1954 Jul 2016
IF she does not need help at this time. Stop aiding her.
IF she needs help later get a contract or tell her she needs to contact an agency and hire through the agency.
If this is a line of work you want to go into seek employment with a Care Giving Agency then when she does contact she can request you if she would like. But that will keep all payments legal and protect you as well as her if either of you should be injured. You will have Workman's Comp as well as Unemployment if that is a concern to you.
Not sure I would want to work with any "ex-relatives" you must have a pretty good relationship.

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GardenArtist Jul 2016
BTW, if your aunt did agree, this is a matter for an attorney; contracts definitely aren't DIY projects.

GardenArtist Jul 2016
I'm a bit confused. You wrote in this post:

How can I get paid from Sept. 2015 until current date for taking care of my ex aunt in-law?,

https://www.agingcare.com/questions/how-get-paid-taking-care-of-aunt-205172.htm

that your "ex aunt-in-law" stated "says she don't need a caregiver, so how do I get paid for my services ???? "

Now you're asking about a verbal contract for payment.

First, oral contracts may not be binding in your state.

Secondly, if your ex-aunt in law doesn't feel she needs a caregiver and doesn't want to pay, who do you anticipate will be paying you?

If you anticipate that one of her children or someone else will pay you, there would need to be a WRITTEN contract addressing these terms, and anyone making payment on behalf of your aunt would need to be a party, as should your aunt.

From what you've written, that doesn't seem likely to happen.

Forget the verbal contract; it seems as though there's disagreement on the issue of payment and a verbal contract wouldn't solve that issue.

If your aunt doesn't think she needs help, and doesn't want to pay, I think it's time to rethink your caregiving role. Do you have a regular paying job or did you consider that this would be that job?

funkymonkey Jul 2016
Grandma 1954.....
There is no poa.
And I have my own insurance.

funkymonkey Jul 2016
Grandma 1954.....
She is my ex in law aunt. She had the injury in Sept. 2015.
At that point is when the duties started. I was told no retroactive pay will happen. As I been performing many duties around the house daily and running errands to bank, grocery store and pharmacy along with Drs. Appointments.

Grandma1954 Jul 2016
A few questions.
Who is "she" in relation to you?
Are you looking to be paid for your help, service?
Does this woman have POA for health care or finance?
If you are looking to be reimbursed for your care-giving services a contract would be a good idea. Determine if your pay will include taxes take out or will you have to pay taxes later. Also if you get hurt will her insurance cover you? If she becomes injured in your care what liability will you have?
If this woman has an elder lawyer she has dealt with it might be a good idea to discuss this.
And will this be a long term situation or when the knee is better will she still need your help?
If you become ill or injured does she have a back up that can help her?

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