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On Health Care Reform

Hiring a Private Duty Aide or Attendant As an Employee vs. Independent Contractor

Following is some general information giving an overview of some of the legal issues relating to hiring a private duty aide or attendant for your senior loved one, and whether such person must be treated as an employee or may be an independent contractor.

These matters involve both issues of U.S. federal law and state laws which vary state to state. Consult competent counsel practicing in the state(s) where you are hiring the aide(s) or attendant(s) for your elderly loved one, as well as your accountant(s) in those states.

See Disclaimer below.

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OVERVIEW OF LEGAL ISSUES RE: HIRING A PRIVATE DUTY AIDE OR ATTENDANT AS AN EMPLOYEE OR INDEPENDENT CONTRACTOR:

Family Caregivers and Self-Employment Tax – Information from the IRS

February 15, 2011 Posted by Page Editor

Here is a copy of information provided on the IRS.gov website on: Family Caregivers and Self-Employment Tax: “Special rules apply to workers who perform in-home services for elderly or disabled individuals (caregivers). Caregivers are typically employees of the individuals . . . → Read More: Family Caregivers and Self-Employment Tax – Information from the IRS

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Growing Trend: Paying a Relative to Take Care of Mom

December 29, 2010 Posted by Editor

Read more in WSJ.com about a growing trend for families to compensate adult children or relatives who serve as caregivers to elders.  This trend may be fueled by a recognition of the financial sacrifices that family caregivers often make — frequently finding it . . . → Read More: Growing Trend: Paying a Relative to Take Care of Mom

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Independent Contractor vs. Employee, IRS Tax Tip

October 29, 2010 Posted by Editor

Independent Contractor vs. Employee, IRS Tax Tip, U.S. Department of the Treasury, Internal Revenue Service. This page of the IRS website explains the IRS rules for determining whether workers are employees or independent contractors, and provides links to additional . . . → Read More: Independent Contractor vs. Employee, IRS Tax Tip

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Employer’s Supplemental Tax Guide – U.S. Internal Revenue Service Publication 15-A (2010)

October 29, 2010 Posted by Editor

Employer’s Supplemental Tax Guide – U.S. Internal Revenue Service Publication 15-A (2010), U.S. Department of the Treasury, Internal Revenue Service. Discusses (at pages 3 through 10) the rules governing whether a worker must be treated as an employee (for . . . → Read More: Employer’s Supplemental Tax Guide – U.S. Internal Revenue Service Publication 15-A (2010)

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Independent Contractor vs. Employee, A Fundamental Legal Challenge When Providing Home Care Services Using Independent Contractors

October 29, 2010 Posted by Editor

Independent Contractor vs. Employee, A Fundamental Legal Challenge When Providing Home Care Services Using Independent Contractors, National Private Duty Association. A 23 page PDF document, advising Home Health Care companies on hiring aides as independent contractors vs. as employees. . . . → Read More: Independent Contractor vs. Employee, A Fundamental Legal Challenge When Providing Home Care Services Using Independent Contractors

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IRS Form SS-8: Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding

October 29, 2010 Posted by Editor

IRS Form SS-8: Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding, U.S. Department of Treasury, Internal Revenue Service. Optional Form which can be submitted to the IRS by a worker or by a . . . → Read More: IRS Form SS-8: Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding

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See Archives of Posts on Legal Issues in Hiring a Private Duty Aide or Attendant for Your Senior Loved One.

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The information posted or linked on this site is for information only, and does not constitute legal advice. Your use of this website or contact with us does not give rise to an attorney-client or other professional relationship. Each situation is different, and the general information presented here is only a place to start; it cannot and should not be assumed to apply to your situation.

These are important matters, and you should consult a qualified attorney before making any decisions or taking or omitting to take any action of a legal nature. Your action or inaction can seriously affect you and your loved one’s legal rights.

The above information is not comprehensive. There may be additional issues that should be addressed in your situation. Consult your attorney.

HelpingYouCare.com and its owner, Care-Help LLC, do not endorse and are not responsible for the information on other websites to which we may link, or for any content written by others and posted or linked on this site.

By accessing this website, you agree to all of our Legal Terms & Conditions.

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