Hiring Home Health Aides

It is unquestionable that home health aides can enhance the quality of life of the elderly. Further, the use of home health aides can significantly prolong the amount of time an infirm person can live in their own home, delaying or avoiding admission into a nursing home. For those with sufficient resources, home health aides can even be used to give additional support to a nursing home resident. However, home health aides are employees and bring with them a myriad of legal requirements and issues which cannot be ignored. For example the employer must attend to issues such as payroll taxes, workers compensation insurance and any employer/employee issue that applies to any other workplace. Failure to do so may result in financially devastating liability.

Since home health aides often arrive on the scene at the end of a person’s life, issues concerning undue influence in the making of a will also very often becomes an issue. Another common issue is the amount of non-compensation resources a home health aide may avail themselves of in the household such as use of the family car, supplies and groceries. Home health aides can be hired in a number of different ways. They can be hired through an agency or directly between the employer and the aide. They can be hired as live-in help, which may present landlord/tenant issues and may complicate a termination of their employment. They can also be hired as hourly workers who go home at the end of their shift.

Whatever live-in arrangement you are contemplating, it is wise to consult with an attorney experienced in this area so that you may identify and deal with issues in order to protect yourself. Attorney Rubino is experienced in the issues surrounding the hiring of home health aides and can assist you in all aspects of this area.

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