I care for a mother daughter duo. Daughter has special needs, but is high functioning. Nom has Parkinson's. She's in a wheelchair, extensive one-assist. I care for them from 8am-8pm, but they are alone at night. Mom recently almost fell in the bathroom. If I had not been there she would have fallen face first into the glass shower door. She wouldn't even have been able to protect her face or break her fall since both her hands were pulling up her depends. Months before this I came in at 8am one morning and found on the floor by her bed.. she missed the edge if the bed sitting down after a bathroom trip. She was sitting on the wood floor like that from 4am until 8 when I arrived. I have asked if she would have a grab bar installed, she said no. I asked her to order more absorbent overnight depends so she's not making multiple trips alone at night to the bathroom, she said no. I have asked her to wear life-alert at night, she said no. I've asked if we can schedule overnight care, she said no. As a long-time caregiver I know she needs the help round the clock. My question is if something happens at night while the girls are alone can the family, or anyone for that matter, come after me? I want to respect boundaries and rights but also protect myself, my license, and keep the ladies safe. Also her POA and Proxy are both her other daughter that lives 2 hours away and mom also has a sister that has been adamant about the ladies needing more care for the last 3 years.
If a person is not incapacitated the POA doesn't mean anything. You work for the mom and she gave you her friend as the contact, that doesn't make you liable for anything with the actual appointed POA.
Perhaps it is time to encourage your client to get a needs assessment to ensure both are getting the proper level of care they need.
You are not legally responsible for her choices or responsible to communicate with her POA, don't let anyone tell you that you are. The estranged daughter may be named as POA but, that doesn't make her responsible either if she hasn't accepted the appointment.
Best of luck getting these two the care they need, it sounds like a tough situation for you.
Parkinson's goes hand and hand with Dementia. Plans are needed to be made for special needs daughter, too.
If you think there are vulnerable, unsafe at some times of the day, you can call APS about it.
Some caregivers (especially if agency employed) have a protocol to not try to lift the fallen person by themselves. It may require a 911 call in those scenarios.
You then understand that makes you a mandated reporter.
You have described people you care for living in an unsafe environment for them.
Yes, you are liable to report this to APS. Legally AND morally.
Now, if you are asking if a court will accuse you of manslaughter and clap you into prison, no, probably they will not.
Here is my question for you. Why are you bringing this to a Forum of total strangers? Why have you not told the daughters there they require now 24/7 care? If you advise them in writing that they need this, and they do not comply, then they are responsible, but that doesn't remove your responsibility as mandated reporter. Write the daughters today. Tell them if you do not hear from them within a few weeks that you will have to report to APS. Let them know that firing you will not stop your report. And it should not.
I don't think so. I own a homecare agency and no agency is going to legally hire an hourly aide 12 hours a day because over 40 hours (when you're hourly) becomes overtime and gets overtime pay.
So, more likely you're working under-the-table and getting paid in cash. You should be more worried about getting in trouble for that. Or if you're working illegally in the U.S.
I'm sure you already know the answer to your question.
Another thing for YOU to consider is that the homeowner may not have enough liability coverage if YOU got hurt on the job (think about wrecking your back while you're picking client up off the floor, especially if it creates a permanent disability). Also, IF you're getting paid in cash there's no way to prove you got hurt "on the job".
The increasing care needs is a concern you bring up to the PoA (via email or text so that you have a dated record of when you voiced the concern). You now need to consider how long you want to work there if the PoA doesn't act fast enough.
If you work for an agency you should mention that they , in your opinion are not safe alone when no one is there.
If the mother is cognizant there is not much you can do other than to document what suggestions you have made and her response.
If Mom is cognizant and and you do not feel that they are safe you could report to APS (understand that she may be upset and you might lose your job)
If there is family you could express your concerns to the other family members.
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