Legal Question in Legal Ethics in Florida
Am I responsible for the terms of a contract that was never signed between the Agency and myself?
My 91-yr old mother was in need of a Caregiver services that would assist her in her Florida home over the weekend and possibly on as needed basis. In my '' power of attorney'' capacity I retained the services from an agency that specializes in Home Health Assistance for elderly. However, the contractual agreement was never presented by the Agency to be signed.. The fees for services provided by a Caregiver /who worked for the Agency as an Independent Contractor/ were paid directly to the Agency and in a timely manner. In absense of a Contract - can I hire a Caregiver directly without a fear of a potential lawsuit by the Agency - for a possible buyout fees, court costs, etc ??? Thank you for your time - I am very gracous for your response!!!
1 Answer from Attorneys
If you have no contract, you have no obligation to any party beyond whatever you contracted for orally. The caregiver, however, may have some responsibility to the agency based on her contract. She needs to make sure what her obligations may be.
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