Live in Caregiver Rights -- California Law

This is a discussion on Live in Caregiver Rights -- California Law within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; I live in California and I have taken care of a elder lady for 6 years, the last 3 years ...

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Old Aug 13th, 2008, 04:05 AM   #1
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EEK! Live in Caregiver Rights -- California Law

I live in California and I have taken care of a elder lady for 6 years, the last 3 years has been live in. Her family gives me no support or relief and never comes to the house. My duties had become 24/7 with only 7 hours a week that I am able to have off (someone comes in during this time). Her daughter has not paying me for what my job duties include. She has deducted wages for rent in her mothers house. I have even paid for utilities totaling $900.00 a couple months ago. I often pay for her food so my client did not provide any room or board. Me and her daughter got into an argument and daughter put a restraining order on me and now I can't go into private living quarters. She put her mom into a conv. hospital within 4 days. I have been staying in motel since this happend 2 weeks ago. Which is costly and inconvenient.

Do I have any "tenant" rights since she deducted monies for rent? or even as a live in caregiver do I have any length of time like 30 days do move instead of being displaced with my family.

Some one please help I have devoted my time to this lady and now her family is slapping me in the face.
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Old Aug 13th, 2008, 03:13 PM   #2
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You probably need to run this by an attorney in your area. You fall into a gray area between a tenant and an employee. If you are considered by your state law to be a tenant, you do have tenant's rights. But with a restraining order against you, you have been effectively evicted. You would need to see what, if anything, the daughter would owe you as compensation for removing you from your rented property.

If you fall under an employee, your housing was tied to your employment. Now that your employment has ended, so too did your housing allowcation.
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Old May 24th, 2011, 01:24 PM   #3
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I too live in California in a similar situation. I have found some resources. First, does the lady you cared for have the ability to make a cognitive sound decision and be perceived by the people who I can refer you to get advise as sound minded? Next does the lady appear to be or said to be that she is distraught about the fact you have been taken away from her by her daughter act? When does the restraining order expire? Did you receive a hearing date when you were issued a restraining order (the Judge is who you would want to tell your story too when the hearing happens) Anyone can get a fast 24-72 hr free restraining order with minimal effort . But if you want to get a REAL restraining order that will guarantee the other person must stay away then that procedure is difficult & expensive. You basically have to prove beyond a shadow of a doubt that you are a danger to someone and the accuser needs verified proof of that under the court rules of evidence. Loud mouth grown ups who suck at being a human being to someone they lay patiently in wait of inheriting are too stupid to realize in the REAL world you have to do more than lip service to claim another person has done something. People who lack the education surrounding the civil rights of others will break the laws that protect us everyday with many people and think no more about it than if they were flicking a bug off their arm. All over the US people in the private sector violate their kids, spouse, relative and people they encounter daily. Even more scarey is People everywhere fail to see the importance of themselves as being a victim and then following through with a reasonable cause of action for the offense done to them. THERE IS NO EXCUSE FOR ABUSE, and you are not doing anyone a favor by minimizing or excusing them for doing so. If parents are afraid to challenge the inflated egotistic audacity of their selfish offspring because they fear the drama is too much to allow themselves, or they fear not being loved anymore, fear of being hurt, or fear being left to rot alone or PUT IN A CARE HOME FOR THE AGED then they do what it takes to survive the fear that is all they wish to avoid in the last days they have left. The point is if the elder is sound minded and understands and trusts the person who is by their side day & night to help them then you have a chance to do so. As long as they are in denial of the fact THAT THEIR KIDS are a shame to them and just out for the inheritance of what ever they have to leave them then you will be in the battle alone. But remember that YOU were violated by that adult child too and deprived your right to privacy, freedom and the pursuit of happiness etc. etc. and you can MAKE THEM PAY FOR THAT, mean while you and the lady have a right to be together and a lawyer can help. This is the USA and you and the woman have CIVIL RIGHTS ON YOUR SIDE. Adult children who have no regard for the rights of their parents will have even less regard for yours. In the US no person can violate another civil rights and get away with it unless you let them. You can also file a restraining order on the daughter too because they work both ways. Let's see what you respond to my reply and begin there. If you are still in peril over this I am sure where there is a will there is a way.

In the next post please address what I have asked and i will respond. Then take things from there.


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I live in California and I have taken care of a elder lady for 6 years, the last 3 years has been live in. Her family gives me no support or relief and never comes to the house. My duties had become 24/7 with only 7 hours a week that I am able to have off (someone comes in during this time). Her daughter has not paying me for what my job duties include. She has deducted wages for rent in her mothers house. I have even paid for utilities totaling $900.00 a couple months ago. I often pay for her food so my client did not provide any room or board. Me and her daughter got into an argument and daughter put a restraining order on me and now I can't go into private living quarters. She put her mom into a conv. hospital within 4 days. I have been staying in motel since this happend 2 weeks ago. Which is costly and inconvenient.

Do I have any "tenant" rights since she deducted monies for rent? or even as a live in caregiver do I have any length of time like 30 days do move instead of being displaced with my family.

Some one please help I have devoted my time to this lady and now her family is slapping me in the face.
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Old May 25th, 2011, 12:54 PM   #4
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Default Re: Live in Caregiver Rights -- California Law

I just can upon this after searching in Google.

The info here and questions are very helpful. I have almost exactly the same situation as above
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