I would not do this on my own. I would see a lawyer. This agreement can't have any loop holes. You need to know the labor laws in your state. You have to cover everything that could happen. There is a post now about do we pay the caregiver when the person they are caring for is in the hospital.
www.agingcare.com/articles/personal-care-agreements-compensate-family-caregivers-181562.htm and scroll to the bottom of the article for a link to the Caregiver Agreement.
I agree with JoAnn. I would do this with an attorney and my elder present. The attorney knows all the "tricks". For instance I learned right here from one of our own that it can be important whether things are written into the care contract as "shared living costs" or as a sort of "rental" as the latter is taxable income.
It is important to know your individual. To write in such personal choices as when the choice to do in home care will be assessed as to satisfaction of all involved, and what will be next moves if the caregiver chooses not to continue care.
I would see an elder law attorney. I would ask before appt. if this person is familiar with making care contracts. It would be well worth the time and expense (which is paid for by your elder).
An attorney would also be up to date on what powers and documentations you should have, whether POA or not.
Just my opinion. Many here feel pulling things off the internet is adequate, and it may be. For myself, when I need expert opinions whether legal or medical or financial I go to the experts for an opinion. Meanwhile research the subject online.
I recommend calling a home care agency. they are bonded and insured and have qualified caregivers who most often times can specialize in your loved ones needs. they will have an assessment sheet that you'll fill out together so you can both discuss what the needs are. Normally however they do require a minimum of 4 hours each day at the home. Some agencies do not have a minimum. I'm not sure where you are, but Synergy Home Care of Alabaster does not have a minimum of 4 hours. You can use them as little as an hour if that's all you need.
There really isn’t a right or wrong way to handle this situation. It’s a matter of preference.
Some people prefer using agencies because they are convenient, and are bonded and insured. The minimum amount of care is usually four hours. Plus, if a caregiver cannot go to work on a particular day the agency will promptly find a replacement for you.
Others would rather go with private care because they are often able to hire nurses who have chosen to work independently in the caregiving field.
Many people feel safer or have peace of mind with a contract in place. Others don’t bother with a contract and rely on references given. If you would feel more secure with a contract then you should use one.
DaveG6235, sounds like you are looking to hire a private caregiver, instead of going through an Agency, and this is to help you with your wife [per your Profile], correct? Glad you are bringing in help for her, and to give you a rest as you are probably very exhausted. Hope your broken wrist is healing.
If one uses a caregiving agency, said agency has their own company Contracts if you use their services. Agency's are bonded, licensed, and insured. Plus an Agency has workman's comp for their caregiver.
If you hire someone private, you would need to call your insurance carrier to see about getting a workman's comp policy. There are also companies that do payroll checks for a fee, so you won't need to try to figure out payroll taxes, etc.
Templates for “nanny” and caregiver contracts you find online can be customizable. There is no need to hire an attorney for this. This is standard and widespread.
I would also not use an agency because half of the money you pay will go to someone OTHER than the caretaker. If you can afford to pay that much per hour, it is kinder to give it to the person doing the work.
Conduct a background search and a driving records search if the caretaker will be driving. There are background search companies everywhere. Fingerprints are recorded digitally. You want to ensure that the individual is able to legally work in the US and has no criminal or FBI record. These searches are now mandatory if I want to volunteer at my own child’s school and results can be available in 72 hours.
Ask for references. Contact your insurance carrier. Use a payroll company so you don’t have to worry about taxes. The above pretty much covers what an agency will do (besides providing a “sub.” If something happens and your caregiver can’t come in …you can always call an agency for a sub then). You have to still supervise, even if you use an agency.
if you need 24/7 care, hire three people to work together, 8 hour shifts 7 days a week. Assign one to create the schedule and supervise. Pay that person a premium.
Regardless of the hours needed, spend some time together so you can observe the caretaking.
Rhe beginning of the employment relationship sets the tone for the relationship. Set expectations and follow through. If you don’t like something that happens, speak up… do not let bad situations fester.
Let it be known that you will drop in sometimes or just be around sometimes. If you use any type of “nanny cam” you inform your employee that you are filming.
Pay as generously as you can. Respect your employee. Small bonuses help. Treat your employee to meals out, etc. This is a tough job and it is emotional. Taking care of a vulnerable adult is important and difficult.
I agree about the background check but depending on the state often criminal records are sealed and only show up in searches if the person is applying for a job in law enforcement. An individual is often only able to run a more surface check on line. Agencies are able to run deeper checks. It depends on the laws of each state.
The quickest way to get something like that is to hire a caregiver from a caregiver company. Then you’ll get a copy of their contract for you And you can go from there. There is another form called a care plan that outlines what you want the caregivers to do for you. Then the caregivers themselves also have a form that you initial each day verifying all the things that they did for you. If they don’t show you they’re being deceitful; they have to show you and you have to sign off on it at the end of the week so that they can get paid.
I used to be a care manager of a couple and have kept a lot of the detailed forms and instructions and all kinds of stuff if you’re interested in contacting me privately and I’ll share with you whatever I have.
You don’t need a lawyer, if you don’t want to. Of course, could be wise choice for some especially if live in situation. Any contract is binding, employment contract is pretty standard, if strictly employed on hourly basis. There are templates which would suffice. In Canada, I am obligated to state wages, 8 hours daily plus OT if applicable, statutory holidays paid, min 2 weeks vacation pay, pay half of pension plan and employment insurance and remit taxes on monthly basis. If letting go for any reason either giving 2 weeks notice or pay in lieu of notice.
You should have it witnessed and notarized.
It is important to know your individual. To write in such personal choices as when the choice to do in home care will be assessed as to satisfaction of all involved, and what will be next moves if the caregiver chooses not to continue care.
I would see an elder law attorney. I would ask before appt. if this person is familiar with making care contracts. It would be well worth the time and expense (which is paid for by your elder).
An attorney would also be up to date on what powers and documentations you should have, whether POA or not.
Just my opinion. Many here feel pulling things off the internet is adequate, and it may be. For myself, when I need expert opinions whether legal or medical or financial I go to the experts for an opinion. Meanwhile research the subject online.
Some people prefer using agencies because they are convenient, and are bonded and insured. The minimum amount of care is usually four hours. Plus, if a caregiver cannot go to work on a particular day the agency will promptly find a replacement for you.
Others would rather go with private care because they are often able to hire nurses who have chosen to work independently in the caregiving field.
Many people feel safer or have peace of mind with a contract in place. Others don’t bother with a contract and rely on references given. If you would feel more secure with a contract then you should use one.
If one uses a caregiving agency, said agency has their own company Contracts if you use their services. Agency's are bonded, licensed, and insured. Plus an Agency has workman's comp for their caregiver.
If you hire someone private, you would need to call your insurance carrier to see about getting a workman's comp policy. There are also companies that do payroll checks for a fee, so you won't need to try to figure out payroll taxes, etc.
Hope everything goes smoothly.
Templates for “nanny” and caregiver contracts you find online can be customizable. There is no need to hire an attorney for this. This is standard and widespread.
I would also not use an agency because half of the money you pay will go to someone OTHER than the caretaker. If you can afford to pay that much per hour, it is kinder to give it to the person doing the work.
Conduct a background search and a driving records search if the caretaker will be driving. There are background search companies everywhere. Fingerprints are recorded digitally. You want to ensure that the individual is able to legally work in the US and has no criminal or FBI record. These searches are now mandatory if I want to volunteer at my own child’s school and results can be available in 72 hours.
Ask for references. Contact your insurance carrier. Use a payroll company so you don’t have to worry about taxes. The above pretty much covers what an agency will do (besides providing a “sub.” If something happens and your caregiver can’t come in …you can always call an agency for a sub then). You have to still supervise, even if you use an agency.
if you need 24/7 care, hire three people to work together, 8 hour shifts 7 days a week. Assign one to create the schedule and supervise. Pay that person a premium.
Regardless of the hours needed, spend some time together so you can observe the caretaking.
Rhe beginning of the employment relationship sets the tone for the relationship. Set expectations and follow through. If you don’t like something that happens, speak up… do not let bad situations fester.
Let it be known that you will drop in sometimes or just be around sometimes. If you use any type of “nanny cam” you inform your employee that you are filming.
Pay as generously as you can. Respect your employee. Small bonuses help. Treat your employee to meals out, etc. This is a tough job and it is emotional. Taking care of a vulnerable adult is important and difficult.
I used to be a care manager of a couple and have kept a lot of the detailed forms and instructions and all kinds of stuff if you’re interested in contacting me privately and I’ll share with you whatever I have.
Any contract is binding, employment contract is pretty standard, if strictly employed on hourly basis.
There are templates which would suffice.
In Canada, I am obligated to state wages, 8 hours daily plus OT if applicable, statutory holidays paid, min 2 weeks vacation pay, pay half of pension plan and employment insurance and remit taxes on monthly basis.
If letting go for any reason either giving 2 weeks notice or pay in lieu of notice.