Follow
Share

Will have a live-in caregiver, working independently, a friend of a friend, who will be moving in to care for my elderly parent. I would like to create a simple contract that protects both parties, especially for liability issues, in case the caregiver falls or injures herself. Also would document wages, required notice if caregiver chooses to leave, etc.

Caregiver responsibilities will primarily be helping with med management, assist with cooking & cleaning, just be there in case my parent needs assistance. Parent is capable of doing most things on her own but sometimes needs assistance.

We moved parent to assisted living, 1.5 months. Not ideal living situation, although staff is great. Now moving parent home as a friend coincidently knew of an old friend that has done live-in care for many years. She just moved to the area and looking for a position. My first impression was that the caregiver was such a sweetheart and it was a blessing that this all came together at this time of need.

I know I will get criticized for this move and I wish there were simple answers. I have none, just doing what feels right at this time.

I hope someone has a similar situation and can give advice on how to create a simple contract. thank you.

This question has been closed for answers. Ask a New Question.
Find Care & Housing
You need to see an elder law attorney to make sure this contract is properly executed andthat payroll, taxes and Social Security is set up legally.
Helpful Answer (2)
Report

The liability issue should probably be discussed when you see an attorney for contract preparation, as well as with your insurance carrier.  This was the reason why we decided not to go with a private hire caregiver.  The cost of the premium at that time would have been significant, and my insurance carrier advised it would accelerate annually.    The caregiver wouldn't have been a live-in though, but the issue still needed to be addressed.
Helpful Answer (1)
Report

Once you have the contract, and I echo the comments from GardenArtist and Becky04489 that you should see a lawyer I would also have it so that the contract is renewed or at least reviewed after 6 months and maybe every 6 months. the reason I suggest this is the level of care will or may change. The caregiver may or may not be able to handle the change or may want an increase in pay commensurate with the increase in work.
Helpful Answer (1)
Report

You can use a payroll service (very inexpensive) to have workers comp, taxes and social security taken out.

We have workers comp for liability. It is pretty inexpensive.

I would put something in the contract about holidays and vacation time. This will come up.
You might also specify use of car. I'd specify who pays for groceries. Who is paying for utilities?
Helpful Answer (0)
Report

I suggest you check with the Labor Board in you County on what is involved in having a live-in caregiver. IRS considers them employees not self-employed. This means you r responsible for deducting taxes, matching the SS and sending the deductions quarterly to the correct agency. You cannot charge rent for room provided. Must pay minimum wage and give time off. Which means another aide has to be hired. They work 40hrs a week and time and half for overtime.

Be careful how you handle things now because it could effect parent from getting Medicaid help in the future. I would use a lawyer. Make sure there is a clause saying that once the client dies, the person will need to move out. There was a post a few weeks back where parent died and son inherited the house problem was, the live-in would not move out. Make sure this lady has a back up plan.
Helpful Answer (0)
Report

This question has been closed for answers. Ask a New Question.
Ask a Question
Subscribe to
Our Newsletter