Well.... great question. I have been doing professional caregiving through mostly agencies but also being hired from families. Many of those, I lived in their home. Now.. one time my patient lived in a facility so if she died, there would not be the choice to live there, of course. I have never expected anyone to house me AFTER my patient died. I "lived with them" only for a few days at time because I was not the only caregiver taking care of them. I am trying to imagine more scenarios though here. What if you had a woman that started with you and she ended up staying with you for many, many years. She NEVER lived away from you during that whole time. I would think that this type of scenario would be different. I would hope so. Again, there are live ins for a few days at a time and then there are these that live for years with the patient. If the family hired a caregiver where there is the possibility of them living with the patient for many years, then family knew this might happen and should take care of things accordingly before that caregiver moves in. I would think to expect a caregiver who has worked and lived on site for many years to be able to just pick up and go somewhere would be ... well. not quite moral or ethical. I would have expected this caregiver to have saved some money during those years of caregiving. But... hopefully others in the family or whoever is "in charge" now would be compassionate, ethical, moral and do the right thing by that caregiver. I just would hope that the caregiver will also be ethical and moral and NOT expect everyone to just take care of her for the rest of her life. Maybe THAT is what needs to happen if that caregiver cannot find a job? Was not paid enough to save? So many things to consider here. Just... what the good BOOK say, "Do unto others as you would have them do unto you", right?
Was there a contract to suggest this, written or witnessed. By a caregiver do you mean a family member who gave up most of his or her own life to provide care while the rest of the family stepped away, and now will be homeless while the family sells the home and divies up the assets of the elder who has passed. If you wish to know the law, then you should check with a lawyer in your own state. There is legal,what is written and witnessed. And there is moral, which is on your own list when you try to crash the gates of heaven (says this atheist.) Check a lawyer for the laws in your state.
It is my understanding from the Agencies in our area that any Aide that is working in a "live-in" capacity must have a legal residence elsewhere that they can go to if thing change and the "live-in" is no longer needed.
Imho, #1 If housing for the live-in caregiver after elder has passed away is written into a formal agreement/a legally-binding contract, then that must be met. #2 If if was just an off-the-cuff implication, then it holds not merit.
If this was a good, long-term employee most employers would give a strong letter of reference and at minimum 2 weeks salary or some other severance package and possibly a gift from the family. If the care-giver was not with the patient for long, say, only a matter of a few months, and there was no strong relationship I would still recommend at least some severance and assistance to find another position. There is no obligation to continue to provide housing after a live-in position is terminated. That was part of the compensation, and the job has ended.
There is no law in any state that says the family must offer housing. In most states a household employee is just that—an employee not a tenant. And once the patient has died, the employee doesn’t automatically turn in to a tenant. Unless the employment contract states otherwise, family isn’t required to provide compensation (Other than final paycheck) or housing.
Housing would only need to be offered if the contract specified that he/she was entitled to free housing on a month-by-month basis. (In that case, the caregiver could stay in the house through the last day of the current month.) In general, once the patient dies, the caregiver is released from all obligations with the family, including housing.
What does the caregiver's contract say? Go over the terms of the contract carefully. I know it's boring to read, but it may be important. If the contract is silent regarding giving the caregiver time after the death of the client, then the answer is "no". That having been said, you may just want to talk to the caregiver and find out what she is asking for. If you can live with what she wants, then you're both happy. If not, then trying talking and letting her know what you feel comfortable with.
I would be very cautious about that. Once the patient has died, the caregiver may assert she is no longer employer, but rather tenant, and subject to normal rules, and evictions are not allowed now.
I seriously don't think so. I know in Florida, no. Why should you you wouldn't need the help anymore. I suggest to get a free consultation from a lawyer and or ask any of the other caregiver providers in your town. If you have Elder Options service might be called something else in your area check with them and if a Veteran check with the VA. I've never heard of such a thing. I would change agencies.Definitly read your contract. As Tamra said maybe if she has to find a place to live, but even that shouldn't be a long period of time.
You may not be legally entitled to anything, but decent behavior means that a family should give you at least a week or two to adjust. After all, you are probably grieving too, even if it is a job. However if you have been saying that they have an obligation to find you housing, there may not be much goodwill left. Back off, ask for the minimum time you need, apologise for your misunderstanding, make your own plans quickly, and keep your fingers crossed. With luck, they will be ashamed to have you move into a homeless shelter, straight from caring.
No, when a client dies, the contract ends. The family is under no obligation to allow you to continue to live there or find you temporary housing. I would hope that the "live in" would realize/understand that this is a temporary position that can be terminated at any time. As such, the live in needs a backup plan.
No. You are an employee and that changes the tenant laws.
If this is for yourself you need to try and work with the family as you find a new place to live or a new position.
Hopefully you were being paid as well as having a place to live. If not, you should not get yourself in to a similar situation. You should be getting paid for being a caregiver even if you are living in.
I don't know if this varies by state, but I would hope as you state that the person is being paid and should be able to save money. Even if only minimum wage, the person should be able to save. I would also strongly recommend getting a letter of recommendation when the client passes. The relatives may have no choice but to move quickly in getting rid of house or apartment.
Check a lawyer for the laws in your state.
#2 If if was just an off-the-cuff implication, then it holds not merit.
I suggest to get a free consultation from a lawyer and or ask any of the other caregiver providers in your town.
If you have Elder Options service might be called something else in your area check with them and if a Veteran check with the VA.
I've never heard of such a thing. I would change agencies.Definitly read your contract. As Tamra said maybe if she has to find a place to live, but even that shouldn't be a long period of time.
If this is for yourself you need to try and work with the family as you find a new place to live or a new position.
Hopefully you were being paid as well as having a place to live. If not, you should not get yourself in to a similar situation. You should be getting paid for being a caregiver even if you are living in.
You shouldn't have a problem finding another position. Try to work with the family to give you a couple of weeks to find another job.