Legal Question in Elder Law in Nebraska

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 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 this ok?

Why do I feel they are getting taken

advantage of

Asked on 3/13/07, 3:23 pm

1 Answer from Attorneys

Duke Drouillard Drouillard Law, LLC

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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Answered on 3/13/07, 3:56 pm

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