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Private Caregiver Service Agreement

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A customized, clear care agreement that establishes duties, hours, payment terms, and boundaries between a patient or family caregiver and a private care provider.

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Private Caregiver Service Agreement
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A finished document Complete and professionally formatted, not a wall of text.
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Good to know

Bringing a private caregiver into a loved one's home is a deeply personal step. A Private Caregiver Service Agreement turns unspoken expectations into a supportive, professional partnership. You need this document the moment you decide to bypass an agency to hire an independent caregiver directly, ensuring both your family and the provider are protected. A great agreement doesn't feel cold or clinical; instead, it acts as a roadmap for compassionate care. It clearly outlines daily tasks—like meal prep, medication reminders, or mobility assistance—while establishing healthy boundaries around working hours, time off, and emergency protocols. By putting these details in writing before care begins, you eliminate misunderstandings, reduce caregiver burnout, and create a safe, stable environment where your loved one can thrive and feel truly supported in their own home.

What a good one includes

Common mistakes to avoid

Frequently asked questions

Is a private caregiver considered an employee or an independent contractor?

In almost all cases, the IRS classifies in-home caregivers as household employees because you control their schedule, duties, and how the work is performed. This means you are responsible for withholding taxes and issuing a W-2 form at the end of the year. Attempting to use a 1099 independent contractor status can result in significant tax audits and penalties.

How do we handle mileage reimbursement if the caregiver drives our loved one?

You should reimburse caregiver mileage at the standard IRS mileage rate for any errands run or medical appointments attended in their personal vehicle. State this rate clearly in the agreement and provide a simple log sheet for the caregiver to track their miles weekly. Alternatively, clarify if they will drive your family vehicle and ensure your auto insurance policy explicitly covers them.

What should we do if the caregiver needs to administer medications?

Clearly define the scope of medication management in the agreement, separating simple verbal reminders from physical administration. In many states, non-licensed caregivers can only assist with self-administration, such as opening a pre-filled pill organizer. Include a clause stating the caregiver must document each dose taken in a daily logbook to ensure safety.

Can we install security cameras in the home to monitor care?

Yes, you have a legal right to install security cameras in common areas of your home for safety monitoring, but you must disclose this to the caregiver in the agreement. Cameras are strictly prohibited in private areas where there is a reasonable expectation of privacy, such as bathrooms or the caregiver's live-in bedroom. Openly discussing cameras beforehand builds trust and ensures everyone feels respected.

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