do I have valid concerns?

[Lovingmom1]

What is the name of your state (only U.S. law)? California

My concern is for my great uncle. He lives at home and has a live in caregiver who is not a licensed nurse. My mother is his beneficiary/contact person.

Caregiver has:
*checked my great uncle into the hospital for valid health concerns, my mother has not been notified of his hospitalization for a lengthy time period (matter of days)
*scheduled and attended dr's appts and received diagnosis without notifying my mother
*refused food
*refused to help with showering/shaving
*refused to take him to agreed upon social outings that he purchased tickets for
*refused to allow people to enter the home (housekeepers, family members, friends of my great uncle, service people)
*screamed at and called my great uncle names
*taken him to the casino and had him sit at a slot machine for hours at a time while she goes away and gambles
*taken him from family Christmas gathering despite his arguments to sit him at the casino while she gambled.

My great uncle has trouble speaking, has had some health issues (small strokes, heart issues) in the recent past, but is still sharp as a tack. There is no way we could call him incompetent and take control of the situation that way. He refuses to fire this caregiver to find a new one. I sincerely don't know if he truly feels comfortable with caregiver or if he is being bullied.

We have had representatives out to the home since the hospital had some concerns. But when they came to the home for a visit, she refused to let them in.

Our family is truly at a loss as to where to go or what to do now. Do we have the right to help make decisions for him to make sure he is receiving adequate care? It's such a fine line! Do we have valid concerns? Can anyone offer any insight or advice?

 

[antrc170]

If the caregiver is not providing adequite care then you should be concerned. Is there a contract in place that outlines duties, remedies of problems, etc? I suggest that you terminate her and have her leave the premises according to your contract (if you have one). If no contract exists, then you should terminate her and have her leave as soon as possible. The landlord tenant relationship doesn't apply because you are providing housing as a benefit of employement. Once the employment is terminated you are no longer required to provide such benefit (unless a contract states otherwise).

 

[Lovingmom1]

If the caregiver is not providing adequite care then you should be concerned. Is there a contract in place that outlines duties, remedies of problems, etc? I suggest that you terminate her and have her leave the premises according to your contract (if you have one). If no contract exists, then you should terminate her and have her leave as soon as possible. The landlord tenant relationship doesn't apply because you are providing housing as a benefit of employement. Once the employment is terminated you are no longer required to provide such benefit (unless a contract states otherwise).

As far as I have been told (and I have asked repeatedly) there is no contract, no job description, nothing except after her employment began, she wrote up a document that stated something outlining that if she were terminated that he would have to pay her 90 days of salary and allow her to stay there for 90 days. He signed it, so I suppose we will have to honor that, but as for a contract, there is none.
So, do regular California labor laws apply in this situation as far as termination is concerned?

 

[CSO286]

As far as I have been told (and I have asked repeatedly) there is no contract, no job description, nothing except after her employment began, she wrote up a document that stated something outlining that if she were terminated that he would have to pay her 90 days of salary and allow her to stay there for 90 days. He signed it, so I suppose we will have to honor that, but as for a contract, there is none.
So, do regular California labor laws apply in this situation as far as termination is concerned?

You might not have to honor that, depending on your great uncle's state of mind at the time.....and the level of negligence and abuse would be an issue to take up with Adult Services. Contact Social serivces or the police in your area and file a Vulnerable Adult report.It sounds as though the care giver is emotionally, phyically and finanically abusing your great uncle as well as neglecting him.

 

[Lovingmom1]

You might not have to honor that, depending on your great uncle's state of mind at the time.....and the level of negligence and abuse would be an issue to take up with Adult Services. Contact Social serivces or the police in your area and file a Vulnerable Adult report.It sounds as though the care giver is emotionally, phyically and finanically abusing your great uncle as well as neglecting him.

That's our exact concern, CSO! Unfortunately, none of us have any proof of physical or financial abuse. But emotional and neglect is a fact. Adult Services have been involved, and the caregiver did not let them into the house when they came for a follow up. I will call again and start another investigation until someone can get through.

 

[RRevak]

That's our exact concern, CSO! Unfortunately, none of us have any proof of physical or financial abuse. But emotional and neglect is a fact. Adult Services have been involved, and the caregiver did not let them into the house when they came for a follow up. I will call again and start another investigation until someone can get through.

Try showing up with Adult Services and a police officer. I promise you she will open the door

 

[Dave1952]

You say that Adult Services is looking into this, does anyone in your family know what they have found? You certainly may hire a private investigator to look at the caretaker's finances if you think there are improprieties.
You mentioned a housekeeper. Perhaps a live-in housekeeper may be arranged. This is a decision for the G-uncle, so practice the arguments favoring a live-in house keeper who can assist the caretaker as needed. Have a few candidates ready for interviews.

Good luck