Does a caretaker need to be licensed to care for a patient in their own home?
I have a friend that is dealing with an issue pertaining to their mother. She has a 24 hour caregiver. The mother is in her eighties and suffers from dementia and is bed ridden. She has a loving caregiver that has been assisting her for years since she no longer could take care of herself. The caregiver has been paid from a court appointed conservator of the estate, from the savings and trust of the mother. There was a family squabble and a conservator was appointment because both my friend and their sibling could not agree on terms relating to their mothers care. Before the mother was in the care of the conservatorship, my friend’s sibling had their mom place the deed of the house in their name and gave themselves ownership. The mother is low on income since the savings accounts and trust are nearing depletion. My friend has requested that their Sibling sell the home to assist with financially taking care of their mother. The sibling refuses to take care of their mother, but wants to sell the home for their own profit and not provide the money to their mother’s care. My friend has multiple job obligations and is unable to assist in their mother’s daily needs, but is trying to find the best possible solution to assist with their mother’s wellbeing. The caretaker loves the mother as their own mother and is willing to take care of the mother in their own home. Having said that, my friend informed their lawyer about this arrangement, and requested a contract with the caretaker be created. The caretaker is trustworthy, but my friend believes a contract is still necessary. The lawyer referenced section 1568.03 of the health and safety code in California. Stating the caregiver must be licensed by the state before the mother can move into the caregivers home. The lawyer then stated because of this a contract could not be granted until the caregiver obtains a license. I have referenced the code but I noticed a statement showing (this chapter shall not apply to the following ) (3) any arrangement for the receiving and care of persons with chronic, life threatening illness by a relative (or) close friend. (A) any house or similar facility that is limited to providing any of the following, housing, meals, housekeeping etc. I am unsure if this entire section even pertains to the caregiver, and if the caregiver is still required to be licensed to take care of the mother in their own home. The caregiver will still provide the same level of care they are now, which is feeding her, bathing, and providing medication. I know this is a lot of information, but I am sort of desperate for assistance in this matter. Thank you.
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