Advice regarding a senior's caretaker and off the books care?

Anonymous
Anonymous wrote:I’d be concerned about liability without accountability.


This. That said, it probably isn't that different from the people you find on Care.com. It's a risk definitely. Do some google research. Here's what AI says:
"When hiring a caregiver directly, rather than through an agency, the hiring individual assumes significant liability and employer responsibilities. This includes potential legal and financial risks, such as those related to taxes, worker's compensation, and potential lawsuits from employee injuries or theft. "
Anonymous
Side question. I need this exact care situation for my mom who’s in uTennessee. What’s the hourly rate you’re paying? Just curious.
Anonymous
Don’t report to the agency. She will get fired and you like this person. So you don’t want her to get fired. it can be hard to find a caregiver. A parent likes, and you are lucky you struck gold the first time. your contract with the agency most likely prohibits you from doing this. So if you don’t want to violate the contract, and you don’t like the idea of paying off the books, say no.

My parents agency definitely forbid this. Interestingly, I know someone others agency that actually Them to hire the Caregiver part time and then supplement hours with off the Books pay. I’m guessing the agency did not want the person to have enough hours to qualify for health insurance.
Anonymous
I’d turn them in. This is your first clue that caregiver is sneaky, and if you don’t put an end to it, your mother will be exploited.
Run to the agency now.
Anonymous
Anonymous wrote:
Anonymous wrote:What you do is pleasantly persuade your mother that it's best if her finances are managed by you and brother. She signs a power of attorney, you take care of disbursements, so she never has to worry about paying bills on time, etc. If there are signs that she's giving gifts or donations inappropriately, you can then discreetly change the password on the accounts and take her credit card.


OP here. I understand that a power of attorney document/situation is for when the person is mentally incapable of handling their own finances and financial decisions. Our mother has issues walking and getting around physically but is in no way at the point where she is incapable of handling her own financial matters so this is not an option for us.


The fact that she sees this caregiver as her “friend” and not as a service provider demonstrates she is not completely mentally capable of navigating this on her own.

I’m sorry, but my siblings and I dealt with something similar with our dad and you must be very careful or she will be scammed.
Anonymous
Slip and fall or hurt her back liability.
Not bonded.
Can steal, cadge gifts.
Access to financial instruments.
No, just no.
Anonymous
I wonder what the agency contract says about a fee due if the client directly hires the caregiver.
Anonymous
OP here. Thank you to all who posted in response to my inquiry. Very, very helpful and a lot to think about
Anonymous
Anonymous wrote:I’d turn them in. This is your first clue that caregiver is sneaky, and if you don’t put an end to it, your mother will be exploited.
Run to the agency now.


I would not turn them in, but I would be very careful. These jobs pay very low. It's easy to judge when you don't make a low wage and have kids to feed. If you hire monitor closely and find out more about risk and liability. See if you need to come up with a contract.
Anonymous
Anonymous wrote:I’d turn them in. This is your first clue that caregiver is sneaky, and if you don’t put an end to it, your mother will be exploited.
Run to the agency now.


So punitive and short-sighted. I bet you want all the foreigners out as well, in the most cruelest of ways, regardless of whether they've illegal or not.
Anonymous
It can be so difficult to find the right caregiver. I’d be concerned you won’t be able to find someone else as good or that your mom connects with.
Anonymous
Anonymous wrote:
Anonymous wrote:I’d turn them in. This is your first clue that caregiver is sneaky, and if you don’t put an end to it, your mother will be exploited.
Run to the agency now.


So punitive and short-sighted. I bet you want all the foreigners out as well, in the most cruelest of ways, regardless of whether they've illegal or not.


I’m not sure what this has to do with “foreigners”?
My parent has been the victim of exploitation twice, by caregivers from 2 different agencies, with the common denominator being that they approached and offered to work “off the books”. Red flag.
My parent has lost over $100,000 to these people and one is in jail. No hope of getting that back.
Just trying to help others avoid the same fate.
Anonymous
I wouldn’t do it.

Remember

Most people don’t have good values. They’re scammers.
Anonymous
Anonymous wrote:I wouldn’t do it.

Remember

Most people don’t have good values. They’re scammers.


I would disagree that “most” people are scammers.

I wouldn’t report the caregiver.
She would likely get fired & it would be tough for her to find other work.
It would be unfair to ruin someone’s entire livelihood just because they requested for some work to be under the table.

Since your Mother seems to really like this person - - that speaks volumes.
You cannot put a price tag on a great fit!

If you report this caregiver, you may find yourself at square one again.

And just because she is asking for some hours off the books does not mean she is a scam artist.
Maybe she is just financially struggling to pay her bills or feed her family?
Such is life.
Anonymous
Keep her on the books. Use the agency bonding, licensing, insurance. Tell her you are in charge of finances.
Give her occasional gifts based on good service and integrity. You can give someone quite a bit without gift tax.
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