If a caregiver has a long-time client who dies, does the caregiver have the option to work for a different client, same family, without paying a penalty to the agency? The possible new client was very closely related to the now deceased Client, as well as the current possible clients POA, which they both shared. An agency handled the employment of the now deceased client and caregiver. The deceased clients POA, who hired the agency for the now deceased client, is the same person who has suggested hiring the ‘same’ caregiver for her other close relative, who was never a client of the agency. The caregiver had already decided to quit the agency and go private duty before this came up. What are the options?
I can see how an agency-employed caregiver would feel that the agency is "worthless" but it provides specific benefits to families beyond just caregiving, such as training, vetting, payroll/employment law/tax compliance, subs, liability insurance and legal accountability. The family mentioned in the post can certainly privately hire the same caregiver (if there was no contract) and pay less for care but they won't get any of the other benefits and protections. You get what you pay for in most cases.
This caregiver has already proven that she's good to your family because you want her back. If she's working privately now she can take work with anyone she wants.
I went private duty a long time ago because I saw no reason to continue letting a useless agency who offered me nothing as an employee to rob and steal my hard-earned wages every day. A care agency takes 50% or more of the hourly wage collected for a caregiver. So I went private too for a long time.
Hire back the good caregiver who worked for your family and pay her asking price.
Most of the time insurance will not pay for caregivers unless a do-nothing, useless agency is involved. Is this the problem? You don't want to pay for the care?
If such is the case you'll have to use an agency.
From what I read and comprehended, since the new client was never signed up with the agency, then you have no problem. Its when the client contracted with an agency and then wants to hire the caregiver assigned to them privately that the problem may arise. And that problem would be between the caregiver and the agency's contract with the CG. Being related has nothing to do with it.
Even if a caregiver does work for an agency and a family wants to hire her privately, whose business is it?
The care agency works for the people paying them. Not the other way around.
No family has to let some agency in on their business.