Hwhitaker, I doubt there is a law regarding gift giving.... but there may be rules and regulations put forth by the caregiving Agency as to how expensive of a gift can a caregiver take. Check with the contract signed between the POA or patient and the Agency to see if there is any clause regarding gifts.
What type of "gifts" is the patient giving to the caregiver(s)? Is the patient of clear mind?
At Christmas time, I gave the numerous regular caregivers Target gift cards. The caregivers that were there on a regular daily basis I gave $100 cards. Some might think that is extravagant.
Against company policy-definitely. Every agency has a limit ($10., $25., etc.) for gifts from patient to c/g.
Morally it is wrong as it is showing favoritism, taking advantage of the patient, giving gifts to get better care, etc., etc.
What was the value of the gifts given? Does the patient have dementia? It's a nice thought to want to give a caretaker something nice but it's a bad idea.
I would not care if it was a him or her..I would marry them to get gifts like that..;) Any gifts would be counted if this person ever had to go on Medicare, it does not sound like that is a possibility but if the extortion..oops "gift giving" continues it is a possibility.
Is she working for an agency then probably so. Check with her employer. If private that is a little harder. To me, its taking advantage of the patient. Morally I think it is wrong. Who is giving the caregiver the gifts?
Heard of a patient giving $500K to a caregiver! Wasn't illegal because she is still of sound mind, but the family is definitely not thrilled!! (even though she is worth over $20 million).
Wow. If the brother is legally competent, and was so when he married the caregiver, I don't know that there is much the OP can do. I assume, because she's asking the question in this forum, that talking to the brother got her nowhere and that's why she is looking to the legal system for assistance. She may need to go to probate/family court and get herself declared his guardian so he can be cared for properly, but that could be a steep climb with a wife in the picture, particularly if the brother refuses to testify against her. This doesn't address the OP's situation, but as long as we're on the subject of gifts: At Christmas I gave each of my mom's caregivers a gift of cash, the amount being based on the number of hours each worked with my mom per week. Was I sorry! Each caregiver appreciated the gift very much and thanked me profusely, but one of them went to the others to compare amounts and it made for bad feeling among them. If I had to to do all over again, each one would get a box of candy, period.
I was a privately employed caregiver (no agency and no professional medical training) for an elderly lady for 3yrs. Her daughter and son-in-law hired me. They gave me a lovely gift each Christmas and a generous cash gift upon their loved one's death. Very dear and lovely people. The entire experience was a blessing.
My ex was an RN privately hired (before we met) by a wealthy man as his personal caregiver. The man, who had a terminal illness, paid him $50K up front and passed away less than a year after hiring him. The family wasn't happy about it, but he got to keep it all.
What type of "gifts" is the patient giving to the caregiver(s)? Is the patient of clear mind?
At Christmas time, I gave the numerous regular caregivers Target gift cards. The caregivers that were there on a regular daily basis I gave $100 cards. Some might think that is extravagant.
Against company policy-definitely. Every agency has a limit ($10., $25., etc.) for gifts from patient to c/g.
Morally it is wrong as it is showing favoritism, taking advantage of the patient, giving gifts to get better care, etc., etc.
What was the value of the gifts given?
Does the patient have dementia?
It's a nice thought to want to give a caretaker something nice but it's a bad idea.
Any gifts would be counted if this person ever had to go on Medicare, it does not sound like that is a possibility but if the extortion..oops "gift giving" continues it is a possibility.
This doesn't address the OP's situation, but as long as we're on the subject of gifts: At Christmas I gave each of my mom's caregivers a gift of cash, the amount being based on the number of hours each worked with my mom per week. Was I sorry! Each caregiver appreciated the gift very much and thanked me profusely, but one of them went to the others to compare amounts and it made for bad feeling among them. If I had to to do all over again, each one would get a box of candy, period.
I was a privately employed caregiver (no agency and no professional medical training) for an elderly lady for 3yrs. Her daughter and son-in-law hired me. They gave me a lovely gift each Christmas and a generous cash gift upon their loved one's death. Very dear and lovely people. The entire experience was a blessing.
My ex was an RN privately hired (before we met) by a wealthy man as his personal caregiver. The man, who had a terminal illness, paid him $50K up front and passed away less than a year after hiring him. The family wasn't happy about it, but he got to keep it all.
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