Nononancy, I see from your profile that you have been caring for your ex-boyfriend's mother for two years without pay..... and now you want pay. I assume you started this care when you and your boyfriend were together, right? Or is this lady a friend of your ex-boyfriend's Mom? Sorry, I can't figure this out.
Sadly this is what happens when one volunteers to help, not thinking once about being paid. Then the hours become longer and longer.
Do you live in this home? Are you a tenant, paying rent? Do you have a Lease?
Sounds like you want to stay with this lady to help, but now you wish to be paid, which I don't blame you. Since the family refuses to pay, you now have two choices. Leave, or continue to work without pay. With the latter you may find yourself do the work for 3 full-time caregivers, thus working 168 hours per week. You need to make the choice.
If you have a Lease, then the family needs to abide by the Lease.
As said, if woman has her faculties than she is the one who rules the roost.
You should have had a contract in place when you took on this responsibility. There are laws in place for live in caregivers. Room and board cannot be considered payment nor can you be asked to pay rent. You should receive payment. You also should have days off. Just like working a 40 hr a wk job. Just because you live there doesn't mean you work 24/7.
I would check the eviction laws in your area. I would make them evict you. This costs them money. This may give you time to find someplace to live. Eviction is not an overnight thing. If you go to court you can then tell the Judge your story. He will determine when you need to be out. In my opinion, after 2 yrs its now your residence and as such they can't "kick you out"
I wonder what they r going to do with the lady when they lose their 24/7 free caregiver. Going to cost them big bucks to hire 24/7 care in the home.
No they can’t just kick you out. 1)They have to have the authority to end your tenancy. So if the person you are caring for is incompetent and her POA wants you out, then they have that authority. On the other hand, if she’s competent and in control of her situation, she rules the roost. They can’t overrule her decision. 2)IF she’s incompetent and has a POA or guardian, they can’t just kick you out.... They have to give you proper notice and formally evict if you still refuse to leave. As a live in caregiver you still have tenants rights. You don’t have to pay rent or be on a lease in order to have tenant rights ;)
According to what I can research, at least in California, she doesn't have tenant rights if she is living there having been hired as a "caregiver". Her tenancy is gone when she is fired. Seems odd to have no notice when you need to find a place to live, but if fired for cause certainly makes sense; you wouldn't want someone who isn't doing a good job as caregiver remaining in home of the elder. So I would say, given we are finding several opinions out there when trying to research this, that the caregiver should check this out with tenant's rights wherever she lives.
Are you living in this woman's home? Is she mentally competent, and is it her home? If so, she can allow you to live with her for as long as she likes, for whatever reasons she likes. If you are a hired caregiver, yes, you can be asked not to return. Almost all states allow someone to be fired for any reason other than those restrictions that are federal in nature and having to do with discrimination. It would help to know if you have been hired, by whom, and fired, and by whom.
Does your friend have a diagnosis of dementia? When you say "kick out" are you saying you live with her in her home?
If you are living at your friend's home (which she owns) and she does not have cognitive problems, then your friend gets to decide who she hosts in her home. If she's paying you to help her she also gets to decide this, if she has no cognitive problems.
It's possible the family is worried about their mother being taken advantage of financially. If you want to make peace you can certainly provide any paperwork contract for employment and copies of the paychecks or receipts for cash payments to you to show the family so that there is transparency and everything is on the up and up and their fears can be allayed. But if you're living there for free AND getting paid, maybe they are just looking out for her best interests?
If your friend has a diagnosis of dementia and a family member is her PoA, then yes, they can ask you to move out (although they ought to give you time to find other living arrangements). My recommendation is to be cooperative and not defensive. If your friend has all her powers of reasoning and cognition, you should defer questions about the situation to her, since she gets to make the decisions in her own home. The family may not like it but only what is legal is what can and should transpire.
Sadly this is what happens when one volunteers to help, not thinking once about being paid. Then the hours become longer and longer.
Do you live in this home? Are you a tenant, paying rent? Do you have a Lease?
Sounds like you want to stay with this lady to help, but now you wish to be paid, which I don't blame you. Since the family refuses to pay, you now have two choices. Leave, or continue to work without pay. With the latter you may find yourself do the work for 3 full-time caregivers, thus working 168 hours per week. You need to make the choice.
If you have a Lease, then the family needs to abide by the Lease.
You should have had a contract in place when you took on this responsibility. There are laws in place for live in caregivers. Room and board cannot be considered payment nor can you be asked to pay rent. You should receive payment. You also should have days off. Just like working a 40 hr a wk job. Just because you live there doesn't mean you work 24/7.
I would check the eviction laws in your area. I would make them evict you. This costs them money. This may give you time to find someplace to live. Eviction is not an overnight thing. If you go to court you can then tell the Judge your story. He will determine when you need to be out. In my opinion, after 2 yrs its now your residence and as such they can't "kick you out"
I wonder what they r going to do with the lady when they lose their 24/7 free caregiver. Going to cost them big bucks to hire 24/7 care in the home.
So I would say, given we are finding several opinions out there when trying to research this, that the caregiver should check this out with tenant's rights wherever she lives.
If you are a hired caregiver, yes, you can be asked not to return. Almost all states allow someone to be fired for any reason other than those restrictions that are federal in nature and having to do with discrimination.
It would help to know if you have been hired, by whom, and fired, and by whom.
If you are living at your friend's home (which she owns) and she does not have cognitive problems, then your friend gets to decide who she hosts in her home. If she's paying you to help her she also gets to decide this, if she has no cognitive problems.
It's possible the family is worried about their mother being taken advantage of financially. If you want to make peace you can certainly provide any paperwork contract for employment and copies of the paychecks or receipts for cash payments to you to show the family so that there is transparency and everything is on the up and up and their fears can be allayed. But if you're living there for free AND getting paid, maybe they are just looking out for her best interests?
If your friend has a diagnosis of dementia and a family member is her PoA, then yes, they can ask you to move out (although they ought to give you time to find other living arrangements). My recommendation is to be cooperative and not defensive. If your friend has all her powers of reasoning and cognition, you should defer questions about the situation to her, since she gets to make the decisions in her own home. The family may not like it but only what is legal is what can and should transpire.