Is it legal for me to be a caregiver for my elderly neighbor?

1 answer | Last updated: Sep 16, 2011

kojopace asked...

I need some information please! I was recently approached by my very kind neighbors who have a great relationship with an elderly couple. The wife of the couple has been in a nursing home for some time and is now home. They are looking for a caregiver to help them get used to setting up and taking her meds, and emptying her bladder when needed. Now I work 3-4 days a week at a foster home with 2 special needs kids. I only have my CNA, CMA, first aid, & CPR license. This is why they asked if I could help. I would love to help this family out and I believe I can fit it around my schedule. My questions are am I quaified, is it legal for me to give her the meds without someone above me, and to empty her bladder with a catheter? Should I be documenting this actions like I do at the foster home? Do I need to make some sort of form giving me the consent to care for her? The husband of the couple wants to pay me cash, I dont want to get in legal trouble and I dont know how to tell him that. Is there a number or someone I can talk to? I have so many questions! They are such a great spirited people with not a whole lot of money and they really dont want to go through an agency, they just need a little help and are willing to pay someone they know personally. Please help!

Marly26

Marly26 said...

It sounds to me that you are qualified however, where is the family in this picture? If they are around I would have everythig done legally right down to "Caregiver" See also:
How can I get a free HIPAA release form?

See all 566 questions about Legal & Finances papers. If they have no family and are mentally and physically sound have them see their own Solicitor to have papers' drawn up stating that you are their "Primary Caregiver" and have it witnessed. It certainly wouldn't hurt for you to chart your activities with this wonderful sounding couple.I can certainly understand them wanting to pay you cash but is this because of other family members'? I am not trying to deter you from doing this but I would also have some sort of Liability Insurance for yourself in case something went wrong and the family blamed you. Working privately has alot of pros' and cons' to it. You could also get legal advise yourself. I think its' such a wonderful idea that you would love to help these neighbours'of yours out, and yes I feel that you have the Credentials. Please just make sure that you have all of your ducks in a row prior to deciding on committing yourself. Is Homecare going to be a part of their plan when you are not available. You mentioned the husband/wife being on a cathedar, what if it backed up causing infection, again the onious is on you. Just be careful in what you are doing. You didn't mention what State you are in but I do know in Canada that you have to meet criteria, have liability insurance, if you have to drive them anywhere, i.e. Physicians' etc. you have to cover this on your vehicle insurance. Perhaps where you are employeed at present they could give you some tips unless you would rather keep this under wraps. Just please make sure that you cover every angle, dot your i's and cross your t's. I myself wish you so much luck, your a wonderful person in just thinking of doing this for them and yes "cash" is great because its' not something you have to claim. Have them have you down as "Primary Caregiver" on their wills, talk with their family but most importantly cover you. Sending you hugs and I do hope this all goes just wonderful for you. You are a warm and caring person, one who will help anyone in need but in this area, help yourself first!!

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