I just found this group and am impressed with the caring and knowlegable responses.

I have a 88 yr. old mother who had a stroke in October and has recently become very confused. She lives independently with my father, a 92 yr. old with early stage dementia. He is her primary care taker and is in excellent physical shape. A VNA nurse and physical therapist come by 2 times per week, and their home health aid 5X per week. I come by practically every day after work to prepare dinner, do meds, bills, etc. I also stop by some mornings before work.

We also have a woman stopping in 3 times per week for 4 to 5 hrs. We are thinking of extending her to 5 days per week. She is great with my parents. She manages the meds, cooks, cleans, takes my mother on walks and keeps me informed with detailed notes each day. She is totally trustworthy and charges below the going rate. But she is not certified nor bonded. We are thinking that we might be on thin liability ice because of this. Does anybody have a similar situation and how was it resolved?

Thanks!

You actually have two problems. Are you paying this lady's state income tax, social security tax and disability tax too?

You should be making sure this woman's work hours is clearly stated. She must sign in and sign out on a daily basis to prevent any questions.

Workers compensation insurance is very valuable. If this lady was to fall and hurt herself, your parent's home could be at stake.

Contact your parent's homeowners insurance company to see if they will cover any accidents this woman may become involved in.

To be certified and bonded does not cause you a problem if you trust her.There should be concern for her being covered if she were to become injured in the home.She can file and pay her own taxes and social security by being self employed.Many time home owners takes care of in home injuries but would be concerned they would not pertain to a injury caused by the personal care of family member.I would sit down with her and disguss this.MANY WORK UNDER THE TABLE AND DO NOT THINK OF THE LONG TERM PICTURE.If she is as good as she sounds you and she can come to an understanding.I have had licensed and bonded help that were not worth the paper they carried with them.Just try to keep her if she is doing a good job.That is very rare

Hey Pastusito. I did this for many years under the table and was aware of the risk involved with giving care to someone that could in all likelyhood sue me. I never thought of sueing anyone its not who I am as a person I believe that if I hurt myself it is because I wasnt approaching the task safely enough...Could this person be the same type of person? Is she a friend to you or your family? Why not just ask her..tell her your concerns. She might be all about the caring and nothing else.
She also has to trust you that you wouldnt sue her in the case of an accident also...so far it sounds like she does.
Communication thats the key here. Hope this helps you....

And thank you May

This message has been edited. Last edited by: Bunnys_grl,

Bunny Girl, good answer!!

Despite all the wonderful, good-hearted, honest folks out there, I gotta lean to the side of prudence on this one... the most unthinkable things happen more often than is comfortable...

I am also wondering, how YOU feel about this... on some level, you are concerned, asking questions and you know what the ramifications could be... Might this be that "little voice" in your gut warning you?

Unless the person is a relative or mega longtime friend, I think I have to agree with OC - do it "straight-up" and you won't have to worry.

Hi. Pastusito. Yes, I have a similar situation to you in that both my folks are being cared for by outside aids privately and through agencies. This lady sounds like she’s worth her weight in gold. My home has been a revolving door with aids. One of my father’s aids comes in and behaves as if she’s terribly bothered by doing anything for him and I’ve decided to have her replaced and am looking right now for her replacement. She is not bonded and the only drawback I have experienced with aids that aren't is they're free agents who don't have to live up to any kind of standards their employers (the agencies that we typically go through to find these aids) set and I've seen a big difference in the lack of quality with these aids. So if you have someone in your folks lives who makes life easier for them and adds this quality you’ve described AND gives you piece of mind, I urge you to keep her. You don’t have to worry about taxes being deducted in her wages. I believe it’s applicable in all states that all of her reportable income is her responsibility as an independent contractor and the expenses you pay (through your folks account) on her behalf is a deductible expense toward their caretaking. As for any previous liabilities, I’ve never been in this situation but if your folks have home owners insurance that would probably be enough coverage to feel safe with. I’ve never dealt with any law suits of this nature but as I was a paralegal in my life before moving to Florida and becoming my folks primary caregiver, I believe that so long as she accepts her role as an independent contractor, your folks are free from liabilities that are typically otherwise governed as employers.

Does this lady have a sister that lives here in Florida because I wish I could find someone to give me the relief you’ve described!

Best of luck and DON’T LET HER GET AWAY!

Sandy

quote:

Originally posted by Pastusito:
I just found this group and am impressed with the caring and knowlegable responses.

I have a 88 yr. old mother who had a stroke in October and has recently become very confused. She lives independently with my father, a 92 yr. old with early stage dementia. He is her primary care taker and is in excellent physical shape. A VNA nurse and physical therapist come by 2 times per week, and their home health aid 5X per week. I come by practically every day after work to prepare dinner, do meds, bills, etc. I also stop by some mornings before work.

We also have a woman stopping in 3 times per week for 4 to 5 hrs. We are thinking of extending her to 5 days per week. She is great with my parents. She manages the meds, cooks, cleans, takes my mother on walks and keeps me informed with detailed notes each day. She is totally trustworthy and charges below the going rate. But she is not certified nor bonded. We are thinking that we might be on thin liability ice because of this. Does anybody have a similar situation and how was it resolved?

Thanks!

This message has been edited. Last edited by: SandyF,

Thanks so much for your thoughtful responses. Up to now, they show good reason to either play it safe with an agency, to continue as is with better documentation or continue and leave the documentation up to her as an independent contractor.

For some clarification, the woman was recommended by my supervisor at work. She used her to take care of her small children and clean in past. According to her, "she became part of the family". We contracted her less than two months ago, so I don't know her very well myself. Her detailed daily notes (down to the jelly on the toast!) prove that she is communicative.

My parents rent, so they don't have homeowner's insurance. I don't know if the landlord's insurance will cover them. They don't have renter's insurance.

Thanks again!

Because laws differe greatly from state-to-state (let alone, country to country!!), I would encourage you to contact either your local attorney and/or tax advisor and the local Council on Aging for some specific advice... I SURE hope things work out so you can keep this woman - she sounds like a GEM!! A little knowledge never hurt anyone... perhaps, by investigating locally, y'all can find the answers that will help protect all the interested parties! Good luck and hang in there!! Whatever you find, please let us know how it all plays out!!