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Caregiver Service Agreement

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Caregiver Service Agreement Information:

A Caregiver Service Agreement is used when an individual or a nurse is hired to provide care for someone else in exchange for monetary compensation. The caregiver may be a family member, friends, private caregivers, nurses, etc.…. The recipient of the caregiver is usually an elderly person or someone who has special needs.

Caregivers typically provide the following services meal preparation, light housekeeping, non-medical care, assistance with daily activities, completing errands, transportation and any other needs of the recipient. The specific services are usually outline in the agreement, as well as the schedule as to when care is provided and the rate of compensation.

Typically, a Caregiver Service Agreement must be in writing prior to the services being provided, it should provide a detailed statement as to what services are being provided, rate of compensation, date of signing and it must be signed by both parties-the caregiver and the care recipient, or the recipient’s power of attorney.

It is important to have a caregiver service agreement in place prior to services being rendered, especially for Medicaid planning purposes. It is also important for the caregiver to keep and maintain a log of what and when services where provided.

A Caregiver may be considered an independent contractor or an employee depending on the particulars of each situation. For example, if the Care Recipient will be issuing a W-2 to the Caregiver and filing for state and federal unemployment insurance then the Caregiver is considered an employee. If the Care Recipient will provide a 1099 form and the Caregiver is performs its duties on a contractual basis and handles its own taxes, then the Caregiver will most likely be considered an independent contractor. This Agreement provides for the filler to select the option as to the employment status of the Caregiver.

This Agreement should be notarized.

Other Names for this Document include a Personal Care Agreement.

Related Documents include:

  • Durable Power of Attorney

  • Medical Power of Attorney

  • Living Will.