Q: I own an El Paso, TX home mom is living in, sister has caregivers with no liability insurance. Can I require insurance?
I own an El Paso, TX house my 88 year old mom is living in, and have discovered that the caregivers employed by my sister do not have any insurance of any kind. No liability insurance nor worker's comp.
This puts me at great risk, since a claim could wipe me out financially.
1. Can I legally require my sister to carry insurance for the caregivers, since they are coming into my house, or should I require the caregivers to carry insurance? For mom's sake shouldn't they be licensed, bonded and insured?
2. If so, what kind of insurance is best to protect myself in the case of any and all caregiver injury, grievance, etc., that may happen in my house?
3. What legally binding insurance, liability waiver or hold harmless agreement would protect me from any and all claims?
Any suggestions you can provide would be much appreciated.
Thank you.
A: Under your circumstances, you should hire a licensed home health care company to provide care for your elderly mother. Hiring random people to act as caregivers for an elderly person sounds sus and is very risky.
A: You could make a demand, but it is unlikely that small "off the grid" providers would be able to comply with your wishes. Your alternative, as my colleague outlines, is to look into companies that are equipped insurance, certifications, etc. Good luck
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