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V. Complaints. Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights. APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.I agree that: A.I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information"). B.APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink. C.APFM may send all communications to me electronically via e-mail or by access to an APFM web site. D.If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records. E.This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year. F.You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
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Call the agency they work for, or if not agency then call the cops! You certainly don't need to be worried about this individual on top of all your other responsibilities!
First things first - call the police and find out what's and if you have to give her written notice, don't change the locks until you find out what your rights are and what her rights are. If you are unable to get the information you need from the police, the court system on line usually has information on landlord-tenant disputes, which this may fall under. In addition to being a caregiver, she may be considered an implied larger or implied tenant. Arizona treats workers differently than a lot of states, so it may be simple to replace her. If she has done anything untoward that makes you fear for your mothers or your safety, ask the police to come out to make a report so its on record.
You don't say if she has a private contract with you or has a contract with the agency, or neither. If she has a contract, what are the terms of the contract. How long has she lived there and what happened to get her fired are all determine whether you call the police or not. If she stole from you or abused one of you then call in the police and get a police report and get her removed with an order of protection. Too many unknowns here, I would not remove and leave property outside until I knew what was what, and then only after written notice given. Cover your buttocks for small claims court, in the meantime get her out and how you do it is determined by what she did and how much of a danger she is to you.
First call the agency and the police to have her removed. Then file a restraining order against her. She should not be allowed 200 feet near your home or your family. It does not matter how long she has been there or what the contract says. That is is she is proven to be harmful or threatening toward your persons. Consult an attorney.
I cannot imagine that by structured conversation you cannot resolve the issues and come to an agreement the person will honor. I find it so troubling that so many people rush to any means to PUSH someone out instead of focusing first on steps to understand the situation from the other person's perspective. People follow contracts and laws, and ultimately, that is the ultimate decision maker - but the perspectives are so disparate from caregiver to family members in so many instances, and many times, the fragile person plays to one and also plays to the other, or those two parties meet very different needs of the same person. I understand rights and schemes and illegal issues, and abuse, all those possibilities. But society rushes to that perspective, and a caregiver has no one to speak for them. My suggestion is to give her a written notice, but put a section on it asking for her opinion. It cannot hurt to hear it, and you may learn something. You can THEN see if she says anything that would change your mind, or tell her you appreciate her perspective but will stick to your decision, be honest and say that you want things done differently, or you want different communication or whatever is the issue, and call in whatever troops you find necessary to enforce it.
Castle.. nobody is rushing to PUSH someone out. Our comments are based on the initial question/comment that was posted based on the assumption that Jacobs did speak with the caregiver in a "structured" conversation. You nor I know what the reasons are for the caregiver being fired but the facts are that the person was asked to leave and won't. So further action needs to be taken. With all due respect I found your comment to be a bit condescending.
Do not touch her, but let the sheriff's officer do that. Say when you call you have a tresspasser on the property. You don't give us many details, so it is hard to really answer this in an intelligent way. Did your mother give her permission to stay? Is your mother competent to make decisions? Is this a private live-in situation or did you hire her through an agency? Many questions unanswered...
You might want to consider offering this person a small settlement or severance payment. Perhaps they have nowhere to go and need an inducement to leave peacefully and willingly. Might be easier in the long run than putting your mom through the trauma of police intervention.
Thanks, Macada for the gentle but clear way of suggesting my comment was a bit condescending. I apologize for that risk - and yet I would still make my comment to add in a hesitating voice, for I find a widespread trend for people to look to the law to deal with matters of goodwill - and I believe we underestimate the vastness of different experiences in our society, and how gigantic gaps lead to millions of misunderstandings, across culture, class, race, generation, sometimes gender - and that it is not so easy to hear alternative sides in the middle of contention. I've worked years in home care and find that different caregivers bring different talents, most trying to help. Families also care, but have many different vantage points, degrees of distance across time and location, different relationships with their parents, even differences among siblings. So when it comes to supervising caregivers, some of those gaps in perspectives come in - I'm not condemning use of the law but I didn't hear any comments asking why the caregiver refused to leave. I know, it's not her right, she's a hired employee, and all the rights are with those who hired her. I just didn't hear any word in the original question or subsequent comments, about what process the caregiver would expect, in terms of ejecting her. Many assume that structured conversations have taken place, and maybe I should have mentioned that possibility and spoken less broadly.
Depends on where you live. In NYC a person who has been in residence for 30 days could be considered their legal residence. If the caregiver receives mail there, that is ammunition against you. You may have to go to court and evict the caregiver. Check the laws in our city/state first before you remove her. You may be able to do this online. You don't want to be charged with illegal eviction and possibly pay an exorbitant fine. (In NYC illegal eviction can very costly.)
I personally would Not offer her Any compensation! She has Already received her compensation by living in the house, rent Free, After she was asked to leave. My Aunt was Not happy with 'her' Caregiver and no longer wanted her in her home. And that Caregiver just WOULDN'T leave either! And so my Cousin finally had to make a phone call to the police and they, very politely, assisted her Out. There was No problem, simple as that! Your Mom's well being and security comes FIRST! Nothing else matters! And the Very last thing your Mom should be enduring right now is to feel Uncomfortable in her Own Home! By the way, my cousin also filed a Restraining Order against my Aunt's live-in, and... CHANGED the LOCKS!!! Please, please! Do this and let us know how you made out. Do Not allow One more day to pass by before doing this!! And the sooner you do the faster you'll have your home back and have Peace restored for your Mom and yourself! The 'Rights' are All on Your Side!!!
We really don't know what the situation is, the details and so forth. What was the reason for your mom not wanting her? Abuse and/or danger is totally unnecessarily to assume, as many of us here jumped to the conclusion. Maybe your mom just doesn't like her anymore, or had mood changes, or didn't want to do something prescribed by a doctor that caregiver attempted to do; the reasons could be endless. This can happen to the next caregiver, and the next one after that, and so on and so forth; even you might be the next one in line. You might want to look into the causes.
In any case, if your mom want her caregiver to leave, so be it. However, you want to do this amicably. Put yourself in the caregiver's shoes; apparently she was a live-in, and now is requested to leave immediately without a notice. Had she worked for a company, she would've been given a 2-week notice at least. Offer her some compensation. She is practically thrown out in the street without a proper notice. The courts might view her as a tenant so you need to give her a notice.
Don't accuse her of any wrongdoing if you know for the fact there weren't any. Ditto for the danger.
In addition to my previous posting, there are so many FALSE accusations against the caregivers, you won't believe it. The law automatically sides with the patient, which is rather sad. Most people will take advantage of the situation.
I'm assuming this issue is in California. Once anyone stays in your home 30 days, they become a tenant even at a hotel. Then landlord tenant laws kick in. Assuming the caregiver worked and lived in the home over 30 days, you're now her landlord. You'll have to follow the eviction procedures. Don't due anything stupid or the caregiver will end up suing you for damages and will win in court. Call an attorney, get legal advice not the advice of this website on this issue. Next time have a short agreement drawn up stating that after the caregiver's services are no longer needed, they will be given 7 (pick a reasonable #) days to vacate the property. You need to have something in writing. Right now you have a "verbal" rental agreement whether she's paying rent or not. I'm going thru a similar situation where I have to evict the caregiver from my mother's home. Thank God my mother lives in my home. We exchanged caregiver services for my mother's home. Now that we have terminated the services, she won't pay rent, per our verbal agreement or move. I had to file an Unlawful detainer and we'll be in court soon. Subsequently, the Sheriff will remove her if she doesn't move after we get the court order. Whatever you do, follow the "law" or face serious consequences. This is probably not the first time she has done this, and she probably doesn't have the finances to get a place. We previously had a live-in with my mother but I had a written agreement stating that she would be given 10 days to vacate after her services were terminated. Using the word "fired" is harsh. No one wants to be fired. I always tell the caregiver we can't afford you anymore, or some other story to gracefully let them go. On the other hand remember, these people do the work that "we don't want to do" and should be treated with dignity and respect. And you're not dealing with white collar professional people. They have a different mind-set. Call an attorney and find out what the proper way of getting this person out of your home. If you're on speaking terms, then let her know you don't want to go to court because it will end up on her credit report. Ask can she leave in 7 days, if she says no, ask why? Like one of the other persons stated, she may not have the finances. Caregivers live from pay check to paycheck --- with no benefits. That's my take.
Well, if you call the cops they will of course ask your mother how she feels about her live-in. If Mom says " Oh, she's fine, I like her." then the police will tell YOU to leave and may charge your with disorderly conduct.
She didn't "pay" for her room and board in advance, like common renters do (paying 1st month's rent up front), so she can't claim month to month renters rights. You might try writing her a certified letter explaining that her services as caregiver are no longer wanted (as of such and such a date...and make that date a week or so out giving them some time to move. Let them know that after that date she will be charged rent at the going rate in your area and that you'll be withholding that rent from anything that you might be owing her. You'll also begin proceedings to have her evicted.
The withholding may not stand up in court, but just the threat of it it might have her packing her bags and checking out.
Easy. Just dial 911 from another room,tell the dispatcher you need an officer or two to remove a trespasser. If he or she won't go when the officers ask , they'll take him out, the easy way or the hard way.
Castle, your making a Federal case out of a routine matter. We don't know the facts, other than she wants the caregiver off her property, that's why we have police officers. You know nothing about the caregiver, their temper or if they carry a weapon. Jacobs you already have your hands full. The police can get your garage door opener back (hopefully), but change the locks in case the "caregiver" made copies. Don't risk your or your mom's safety by trying to mediate this issue yourself, nor waste your time typing up some sort of amateur agreement. If the caregiver can be legally removed the police will know it. In most states all you have to do is tell the caregiver to leave and not come back in front of the police, they'll coach you through it all and most importantly make sure nobody gets hurt.
Check with an attorney. If she as much as received mail at your address, she might be viewed as a tenant, thus landlord-tenant rights are kicking in. In this case, whether or not she actually paid rent, is unimportant. Refrain from threatening her with the actions you are not likely to follow up on. Really, bluffing is not a good idea. Try to resolve this amicably, for the sake of everyone's good.
Furthermore, if she is a tenant, then she is not a trespasser. You don't want to have your hands full in a court while she has a good chance of winning. Besides, you need to release her belongings, and if you don't, then legally she has a leg to stand on. I don't think that mother's safety is an issue, or else it would've been stated by the OP.
You want to resolve this as peacefully as possible, and move on. Keep us posted.
The pattern is likely to continue with the next caregiver.
yes, I would be seriously worried about backlash on this. This caregiver could steal things from you or compromise the house. I would not want her there. I would call the Sherriffs office and discuss it with them. Attorneys in my state will give you 1 free consult with them before they start to burn up your bank account. good luck.
We have faced this type of things several times when my quadriplegic brother in law was alive and we had people caring for him. It really is best to get the sheriff involved for your mothers safety. The reasons do not matter. There is somebody living in your mothers home that you do not want there. We are talking about a woman in her own home that is not able to protect herself! Contact the sheriffs office and let them deal with it. It doesn't matter why. I am sorry but there is somebody in YOUR HOME that you do not want there! If the law forces you to keep that person in your home than change the law! In Washington State, we could get the sheriff involved right away and often had to. When caring for an elderly or disabled person, the law is different and it frightens me to think people would let someone stay in your home that you don't want there. People are crazy! We went through this for 40 years with my BIL! People do really strange things, believe me! Do something now!
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
call the police and find out what's WHAT,
she may be considered an implied LODGER
In any case, if your mom want her caregiver to leave, so be it. However, you want to do this amicably. Put yourself in the caregiver's shoes; apparently she was a live-in, and now is requested to leave immediately without a notice. Had she worked for a company, she would've been given a 2-week notice at least. Offer her some compensation. She is practically thrown out in the street without a proper notice. The courts might view her as a tenant so you need to give her a notice.
Don't accuse her of any wrongdoing if you know for the fact there weren't any. Ditto for the danger.
The withholding may not stand up in court, but just the threat of it it might have her packing her bags and checking out.
Good Luck
You want to resolve this as peacefully as possible, and move on. Keep us posted.
The pattern is likely to continue with the next caregiver.