Legal Question in Business Law in Maryland

What is legally required in order for me to be an "independent caregiver" for seniors (in their homes)? This would NOT include person/medical care, just companion/helper services, etc. I used to be with an agency, but want to be my own boss now.


Asked on 3/12/14, 5:58 am

1 Answer from Attorneys

Cedulie Laumann Arden Law Firm, LLC

First, you'll need to make sure that you comply with licensing statutes (particularly CNA licensure for non-medical care). Maryland licenses several different types of senior caregiving, each with their own set of restrictions and rules. Second, you'll want to figure out any restrictions based on your former agency relationship (do you have a non-compete, etc)? Third, you'll want to figure out how you'll set up a relationship with care recipients. In other words, will you form an entity (like an LLC or corporation) or will you operate as a sole practitioner without liability protection? Fourth, you'll want to set up necessary tax accounts, obtain bonding/insurance and such depending on your type of entity.

I strongly encourage you to consult with legal counsel who can help guide you in the process of business formation and compliance. It is also a good idea to personally review the licensure statues and talk with the licensing board / office of health care quality. Please keep in mind that information offered in this post is general in nature and isn't designed as legal advice particular to you or your situation.

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Answered on 3/12/14, 6:21 am

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