my father went from 8 hrs of companionship to hospice awareness of care 24 hrs, I was able to do the personal caregiving........ making breakfast, lunch and dinner, help shower , dress and transportation to dialysis and doctor appointments. Hospice appointed me with threat, that I have to be with my father 24 hours and if I leave him alone the possibility of being arrested for abandonment care for a senior.I get paid by the VA of current affairs for 40 hrs. a week and no overtime. I told the Hospice team I don't want that responsibilities and was adjusted my job description to making the new Hos[ice team aware of any troubling situation . I worked myself to the best of my ability and was garnished wages because my father wasn't sure on his admittance to hospital and discharge and put my hours for that week and without notice they garnished my pay and I don't know how to handle this professionally and morally.
First: The “you’ll be arrested” statement...
What hospice told you is very questionable.
Family caregivers are not automatically legally required to provide 24/7 care
You generally cannot be arrested for “abandonment” unless:
You are a legal guardian or have formal legal duty AND
You knowingly leave someone in danger
👉 Simply being a daughter/son or even a paid caregiver does NOT automatically create criminal liability.
This sounds like intimidation or misunderstanding, not law.
💰 Second: Your pay situation (this is a BIG issue)
You said:
You’re paid through the VA for 40 hours/week
They expected 24-hour care
They reduced (“garnished”) your pay without notice
🚨 That raises multiple red flags:
1. Wage garnishment without notice
Employers generally cannot just deduct pay without:
Written authorization OR
Legal order (like taxes, child support, etc.)
👉 If they simply reduced your pay → this may be illegal wage withholding
2. Expecting unpaid labor
Requiring 24/7 care while paying for 40 hours =
👉 Potential labor violation
3. Misclassification / role confusion
You clearly stated you refused 24-hour responsibility
Your role was adjusted
👉 That matters legally—they can’t hold you accountable for duties you declined
🧾 What you should do (step-by-step)
✅ 1. Document EVERYTHING
Write down:
Dates you worked
Hours worked
What you were told (especially the “arrest” statement)
Pay you expected vs. received
Keep:
Emails
Texts
Any agreements
✅ 2. Contact the VA program paying you
Tell them clearly:
You were expected to provide more hours than paid
Your wages were reduced without notice
There is confusion about your role and responsibilities
👉 Ask:
“What are my exact responsibilities and limits as a paid caregiver?”
✅ 3. File a wage complaint (if needed)
You can contact:
Your state labor department (Minnesota Department of Labor & Industry)
Ask about:
Unpaid wages
Unauthorized deductions
✅ 4. Push back on hospice (in writing)
Keep it simple and calm:
“I am not able to provide 24-hour care. I am only authorized and paid for 40 hours per week. Please clarify care coverage outside those hours.”
👉 This puts responsibility back where it belongs—on hospice/system
✅ 5. Consider an elder care / employment attorney
Especially if:
Pay continues to be withheld
They keep pressuring you
Many offer free consultations
🧠 Important reality check
You are being put in a situation where:
The system expects 24/7 care
But is not paying for it
👉 That gap is NOT your legal responsibility to fill
❤️ One more thing (this matters)
You stepped up in a huge way:
Meals
Showering
Dialysis transport
Medical care
That is intense, full-time caregiving—and you were already doing more than most.
You are allowed to say:
“I cannot do this alone.”
🏁 Bottom line
The “arrest” threat is likely not valid
Wage garnishing without notice may be illegal
You should:
Document
Contact the VA program
Consider filing a labor complaint
If you want, I can help you:
Draft a firm but professional message to hospice or the VA
Or find the exact MN agency contact info for filing a complaint