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For a short time longer I will be using a visiting CNA provided by an agency. Soon their hourly rates will be doubled. I will be forced to hire an independent to save costs. From my research thus far, I have found that just because a caregiver will accept a 1099, that does not relieve me of potential liability and Ca. legal requirements for employment. Of utmost importance is that there not be a parade of caregivers. It was difficult to find that with most agencies.

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Since you will first be getting someone from an agency pay close attention to the forms that are filled out and contract you sign. You will need a contract when you hire someone. You will need to spell out what your expectations are and the hours to be worked.
I would have the contract so that it can be reviewed every 6 months. This way if the person that is being cared for declines and needs more help the contract can be adjusted to reflect changing needs.
Make sure the proper paperwork is completed so that you are paying taxes, the income is being reported, that your homeowners insurance covers the employee.
BTW..the 2 best caregivers I hired were recent students that had completed a CNA certification course at the local Community Collage and were waiting for the next semester so they could start Nursing School. The local Community College is a great place to start looking
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gofore May 2021
You've been a great help in getting me to think this through. I am making preparations with all the legal stuff. Now I just have to weigh it all versus the cost of an agency.
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Gofore, don't forget to check out whether you'll need liability insurance for your new employee.   In Michigan, personal Homeowners insurance won't cover liability; we would have to purchase a commercial liability policy.  That was a deal killer for us.
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My first suggestion would be to look for another agency.

Being an employer involves many different issues. You must do a background screening for your own sake, that costs. What about worker's comp? CA laws for employers is probably extensive and complicated. You also open yourself up for laws suits. Are you using a lawyer to draw up the contract? How will this affect your home insurance? Payroll services will cost you. Just things to consider.

If you do hire an independent, make certain your specify that this is an “at will” employment. CA may presume all employment is “at will”. I like Grandma1954's suggestion of contacting some nursing schools. Good luck.

Good luck.
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gofore May 2021
Yes, expensive and complicated. Gonna cost about $100. per month to have my part time caregiver paid every two weeks. Then there is work comp. and unemployment ins. costs. This is quite the nightmare. I just finished getting an ein# and filed with the edd should I go through with the hiring. Thanks for your advice and help.
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I would create a plan, outlining categories,  goals, tasks and specific activities.  It can be your plan guideline, with enough details so that nothing slips through the cracks.
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First of all hiring privately will not only save you money, but you will get infinitely better help then if you're using an agency.
The reason for this is because independent, private caregivers normally make two or three times what agency help does because there's no middle man who has to get paid.
You do not have to take out taxes or anything like that. You can get documentation drawn up that the caregiver signs agreeing that you've hired them as an independent contractor making them responsible for taking out their own taxes and paying Medicare and social security.
You can protect yourself from possible liability if the worker gets hurt on your property by having them agree to a certain dollar amount of liability. This is what care agencies do. The workers agrees that the agency will only be held liable to 'X' dollar amount in the event of accident or injury to the worker. Then the worker is encourages to pursue damages from the family they work for.
You can even insist that your caregiver insures themselves. I've had positions with this and the family paid for the insurance policy. It's worth it if you've got assets to protect.
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SynergyNJ May 2021
Your advice will not stand against a legal challenge in most states
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Get an accountant who knows about small businesses and the employment law for your state. We did this for my aunt, who lived in Illinois. My husband is an accountant, and even with his help it turned out to be complicated. We treated my aunt's live-in caregiver as an employee and gave her a W2. We did withholding for her, paid Unemployment Insurance, had to get employee disability/liability insurance, etc. It did turn out to be less expensive than hiring someone from a service, but we had to handle all of the administration that a service would handle. Also, the caregiver will need breaks and vacation. You'll have to think about how you'll handle it if she needs some sick time off. During the pandemic, there may be special laws and rules. You'll have to make accommodations for a back-up person (she may know someone who can be a backup) who can be there when your caregiver needs time off. It might also be helpfult to connect with a social worker and senior networks in your area who can advise you on your options. Medicare may pay for some of the home care.
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All of the advice below is excellent but check more with the professionals as to an "employee" status and obligations. And somehow you must make sure the caretaker you do hire has the personality and capability that will mesh well with the patient - and that is a tough one and takes time to find the right one.
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There are on line companies as well as checking with others in area for referrals for independent caregivers.

There are also payroll companies that will handle all paperwork for you and they are really very inexpensive as compared to hiring through an agency. As for background checks - those can be done online as well.

Agencies are great when need arises quickly, but for most of us not a financially reality in the long run. Depends on your situation, length of time possibly needed, etc.

A thought - check with colleges or companies in your area that have nursing programs. Perhaps they will know of someone looking for work/experience that would be capable of handling your needs.
If hiring independent - always have a back up plan - an agency will send someone else if your person is out for any reason.
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Consult a local lawyer that specializes in family law. Better yet, would be to consult a lawyer that handles elder law. He/She can walk you through the requirements where you live.
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Hello gofore

Maybe you should contact a lawyer in your state whom will give you advice on this situation.

Family and friends may have opinions; but you need a plan,a vision on what to do. Therefore “google” the internet for lawyers whom deal with what your need is asking for.

Also Elderly programs listed in Your state may direct you toward different options which be affordable to your needs.

As you seek,and continue to ask questions the answers will come your way.

The best of luck to you. Stay with this web site it is a great resource to connect!
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