Family as in home care givers
my friend and her family gives in
home care to their mother/
grandmother, she requires 24 hour
care, but wants to be at home. They
couldn't do this w/o getting paid.
They do get paid, but it's capped at
$75 dollars a day...they don't work
24 hour shifts, but their overnight
shift is 50 dollars..this allows $35
dollars alloted for the rest of the
day..is this legal to pay someone so
little? and then when they try to
redo the contract, which isnt up until
october. Then they threaten you
with fraud because some days you
had $100 dollar days for the care
and they allowed it continually to
happen for 5 months? And then
degraade you saying you are family
and you should work for free when
they've been paying you for SIXTEEN
years...Her budget is $2650, but say
75 dollars a day times 31 days *give
or take* is only 2325, AND...there is
other family who comes to wokr for
FREE on some weekends...is this ok?
Why do I feel they are getting taken
advantage of
1 Answer from Attorneys
Re: Family as in home care givers
Providing care for a family member is often a difficult task. Many caregivers receive no pay and little or no assistance with providing in-home care. It is commendable that your friend, and her family, is willing to share so much time to accommodate the wishes of the mother/grandmother to remain at home. How much someone is paid, or if someone is paid, would probably depend on the existence of either an employer/employee relationship or a contractual obligation. It doesn't sound as though there is an employer/employee relationship here from the facts you have provided, but you haven't identified who "they" are. If "they" refers to an insurance company who is paying benefits, then how much they pay and how they pay is determined primarily by the terms of the insurance contract purchased by, or on behalf of, the mother/grandmother. If "they" refers to government or charitable assistance, then a different set of rules apply. If you provide me more details, including a copy of the insurance policy, I can provide you with a more thorough answer. Although the mother/grandmother would prefer to stay at home and your friend would prefer to be the one who provides her care, a third party is not necessarily obligated to pay for their preferences. A third party's obligation will be determined primarily by the terms of any contract or law governing the benefits they are providing.
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