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Understanding these elements puts you on the path to preparing a document that establishes the compensation and services in a format that Medicaid can understand and accept.
As others have said here, it's worth hiring an elder law attorney in your state to put together the contract elements that best serve the elder, and protect you, as you provide these valuable services.
In my state (Massachusetts) Employers must give domestic workers who work 16 or more hours a week a written agreement.
https://www.mass.gov/service-details/domestic-workers
The laws in your state, and every other state, will be different, and Federal wage and hour law overlays all 50 states.
Even if your Caregiver Contract involves only members of your family, compliance with the labor and tax laws, and workers comp, provides protection and benefits for all the parties.
-how well off the care recipient is,
-how much and what kind of care
-has the caregiver given up paid employment
-have they had to make significant alterations to their home, or are they residing in the care recipient's home
- what would the care recipient be paying outsiders if the caregiver wasn't available
And take the time to think about an exit strategy for when the level of care needed becomes too much - it is better to discuss a plan B early on than after you've reached burnout.
- Court-appointed guardians, who render services in this country, generally receive $40.00 to $80.00 per hour per Court Order.
- Professional geriatric care managers typically receive $100.00 to $150.00 per hour for performance of their services.
- Nurses’ aides receive $18.00 to $22.00 per hour for performance of their services.
Thus, since the various services required by Mom are the services provided by guardians, professional care managers, nurses’ aides, drivers and companions, a blended rate of $35 was appropriate in my case.
I need to NOTE that this agreement was used to transfer funds from her savings to me, ahead of applying to Medicaid. It was not set up for a continual hourly payment. Yet, I hope this overview helps you.
I hope this has helped you somewhat. I took care of my mom so I know how hard this is. My loved one had a rare form of vascular dementia. Please remember that you may need a little break too. I really didn’t have help so I learned really fast and hard that when someone came to visit I took a breather. It was the hardest thing I have ever done. I am sorry you are going through this. Please stay strong and know that you are doing a great job. Good luck.
Keep in mind the rate for a "companion" or "caregiver" will be different than if you are a "CNA" or a Nurse. Both of these require certifications and the pay would reflect that.
When I was using a program through the VA called VIP I could NOT get paid because I was the spouse. However I could have paid any other relative with funds provided by that program. I do not know if a spouse in general can not get paid for caregiving services that might have to be answered by your Eldercare lawyer.
When I did hire the 2 best caregivers I had I contacted the local Community College and ended up hiring 2 people that had just finished getting their CNA Certification and they were waiting to begin Nursing School. I told them both that I would be able to work with and around their school schedules. But I ended up getting 2 very qualified people that were able to get some good experience while between semesters. I paid them what they would have been paid if they were working at a facility. And they had better working conditions, and the care of 1 person compared to the 8 or more they would have had at a facility. And my Husband had 2 more caring people to make sure he was comfortable.
So bottom line..check what the facilities in your area are paying. You could also check a local agency and ask what they pay. You may not get an answer but you can ask what they charge and know that the care giver is not getting that full amount.
If you feel uncomfortable drawing up your own contract because there may be problems with others, you should seek counsel from an eldercare attorney.
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