Attend an elder law attorney for advice and for making a contract here. This is a matter of expertise not opinion. You cannot afford to go wrong. This has tax implications and work rule boundaries.
A caregiver is an employee. You need to pay them, document, create tax records - everything legal above board. If you do not, you could find yourself in a legal entanglement. See an attorney.
Their taxes must be paid. Employees are covered with state and federal laws and regulations. They are entitled to appropriate holiday time off and specific hours working per week, plus overtime. Plus you may subject yourself to unemployment benefit insurance if they apply. You need to pay all their taxes.
If the live-in isn't working out or you decide you do not want them there, they may 'decide' to stay anyway requiring you to call the sherrif to get them out. It can be a legal and otherwise mess and headache.
There is 'no exchange' for housing and caregiving. I checked into this in California (as I thought I could set up a 'live-in' caregiver in exchange for 'room and board.' (NO, IT DOESN'T WORK LIKE THAT). You need to see an attorney and clarify.
Burnt, who is an experienced aide and now owns a business, says that room and board can be considered in the salary. That in her State, live-ins are considered salary. My State they are hourly.
There is so much that goes with hiring a live-in. They are entitled to days off. Just because they are live-ins, they don't work 24 hrs a day. There must be back up. They are not self-employed so you nedd to deduct payroll taxes. I suggest you contact your Labor Board to find out what your responsibilities are. If you hire someone, have a contract written up, witnessed and notarized. Better a lawyer does it. Make sure the aide has a backup plan. Meaning if this does not work out, they have a place to go. I would not allow any mail to come to your address. They can set up a UPS mail box using any address but yours, if even an address us needed. You make sure this agreement stipulates that if the person they are caring for dies or needs to go into care, their employment ends. Give them the least time you can by law, to leave the residence. We have one member now where family has to evict a live-in because they refuse to leave.
Make sure all ur ducks are in row, but for me, I'd opt for an Assisted Living.
Excellent advice, JoAnn. My mother’s live in stayed there for 11 months and used my mom’s address as her own. And all the bills were still in my mom’s name thanks to my sibling who had POA & made these arrangements
Room, board and car are not things you cannot charge for if the whole purpose is For it to be for work. And no one person can work every single hour of the week.
You need to pay them, document, create tax records - everything legal above board. If you do not, you could find yourself in a legal entanglement. See an attorney.
Their taxes must be paid. Employees are covered with state and federal laws and regulations. They are entitled to appropriate holiday time off and specific hours working per week, plus overtime. Plus you may subject yourself to unemployment benefit insurance if they apply. You need to pay all their taxes.
If the live-in isn't working out or you decide you do not want them there, they may 'decide' to stay anyway requiring you to call the sherrif to get them out.
It can be a legal and otherwise mess and headache.
There is 'no exchange' for housing and caregiving.
I checked into this in California (as I thought I could set up a 'live-in' caregiver in exchange for 'room and board.' (NO, IT DOESN'T WORK LIKE THAT).
You need to see an attorney and clarify.
Gena / Touch Matters
There is so much that goes with hiring a live-in. They are entitled to days off. Just because they are live-ins, they don't work 24 hrs a day. There must be back up. They are not self-employed so you nedd to deduct payroll taxes. I suggest you contact your Labor Board to find out what your responsibilities are. If you hire someone, have a contract written up, witnessed and notarized. Better a lawyer does it. Make sure the aide has a backup plan. Meaning if this does not work out, they have a place to go. I would not allow any mail to come to your address. They can set up a UPS mail box using any address but yours, if even an address us needed. You make sure this agreement stipulates that if the person they are caring for dies or needs to go into care, their employment ends. Give them the least time you can by law, to leave the residence. We have one member now where family has to evict a live-in because they refuse to leave.
Make sure all ur ducks are in row, but for me, I'd opt for an Assisted Living.
Check the going rate for private caregivers in your mom’s area.
Room, board and a car shouldn’t reduce a person’s salary.
Are you planning to hire more than one person? My in-laws hired more than one person. They are entitled to time off. So, plan accordingly.
Best wishes to you and your family.