Blog

Can My Mom’s Housekeeper be Her “Caregiver”? (The Surprising Answer)

May 11, 2021
Daniel Peters - Sales & Business Development Director
Many seniors have loyal helpers who’ve assisted them with domestic duties and chores for years. Naturally, they build trust and relationships over time, which is terrific. However, as folks get older and their needs change, some families wonder if these same workers can transition into “caregiver” roles.

One might expect a Marina del Rey home care agency to answer this question with a simple, “No.” But the honest response is a bit more complicated. As with many things in life, a three-dimensional analysis is probably more productive.

Here are objective considerations for anyone looking to expand a current helper’s role into caregiving or for those seeking to hire a friend’s daughter, fellow parishioner, or similar acquaintance.

Legality

California law is extremely strict regarding the role of freelancers and the distinction between independent contractors and employees. The topic warrants its own blog altogether, but the short answer is caregivers are never considered “freelancers” in the state. It’s worth noting, this interpretation of the law is near-universal among legal experts in the home care industry.

That’s not to say seniors cannot hire their own caregivers in Santa Monica, Brentwood, and the nearby communities. But they and their families need to recognize the worker is, in fact, an employee as far as the law is concerned. Employee status means families should take appropriate measures to do everything by the book, such as withholding for payroll taxes, providing workers’ compensation insurance, and following all applicable laws.

Liability

The liability question of hiring a private caregiver overlaps with the legal considerations. As stated above, seniors and families that secure their own home care aide become the “employer” by default, regardless of whether they acknowledge such status. Their liability as an employer takes different forms, but the most significant risks involve worker injuries, lawsuits, and tax implications.

Caregiving is often physical labor, and aides injure themselves from time to time. Families and seniors that hire their own workers should purchase workers’ compensation insurance to protect their caregivers and their own financial interests.

Families should also ask their insurance agent about other coverages that provide a safety net in the event of an employment-related lawsuit. Finally, they should consult with an accountant or service to address payroll needs and ensure they are following relevant tax laws for withholding, health insurance mandates, etc.

Skillset

Caregiving may not be on the same level as licensed nursing, but Santa Monica home care aides do boast special skillsets and expertise. It’s possible to find a friend with the ability to serve as an excellent caregiver, and the current housekeeper may also have what it takes to do a good job. However, their competence shouldn’t be assumed.

Also, the necessary skills will vary depending on the senior’s needs. An older woman who simply requires light assistance with dressing and bathing may benefit from a worker with less advanced abilities. However, a bed-bound person with a serious medical condition, such as MS or Parkinsons, likely needs a better-trained worker. Similarly, Alzheimer’s and dementia patients present needs beyond the scope of the typical layperson.

Reliability

Caregivers in Marina del Rey and the nearby areas serve in critical roles for vulnerable seniors, and reliability is imperative to the well-being of their clients. A maid can miss her shift and reschedule for the following day with minimal consequences. However, a home care aide’s absenteeism might put a person’s life in danger or dramatically impact a family member who must leave work last minute to serve as a substitute.

Reliability, of course, correlates with individual performance and work ethic. However, systems and organizational resources also make a difference. And even the most dedicated workers face personal and family emergencies that can result in a missed shift from time to time. A trusted home care agency works hard to staff the most reliable workers. But it can also re-staff assignments when the regular caregiver calls off due to an emergency.

Once again, families need to look at the specifics of their loved one’s situation. Will “Mom” be safe if her caregiver periodically misses a shift, or is her condition more severe? Is a family member available to serve as a substitute if the main aide doesn’t show? If the answer to either of these questions is “No,” then a Santa Monica home care agency is probably a better solution.

Accountability

Ultimately, all workers perform best when held accountable for performance and reliability. Some seniors and families may be able to assume the role of “boss” or manager, but others may not have the bandwidth. Also, many people simply don’t wish to take on an authoritative position that may lead to confrontation.

Home care professionals can attest to the fact that seniors are often timid when calling out poor-performing caregivers. But aides working as employees for an agency are under the watchful eye of a manager who can step in and rectify issues without involving the client. The worker’s behavior can either be corrected, or she can be replaced altogether. This latter point is particularly important, since some private caregivers take advantage of clients, knowing they have few other options.

Final Considerations

Many families and seniors ponder the feasibility of hiring a trusted friend or current domestic worker as their “caregiver.” And while some home care agencies are quick to dismiss the idea, truthfully the decision is more complex. Hiring someone directly can save money, but it also comes with considerable risk, legal and otherwise. At the end of the day, most folks find value in having an agency employer and the legal protections, logistics, systems, and accountability that come with it.

If you or your loved one are seeking professional home care in Santa Monica, Marina del Rey, Brentwood, Pacific Palisades, or the adjacent communities, be sure to call BrightStar Care today for a free assessment from our Director of Nursing!