Can I get compensation for taking care of and elderly lady?

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Can I get compensation for taking care of and elderly lady?

I went to HI with a friend and I was to help take care of his mother. I was to be there for her when she had to go to the restroom, if she had an accident, and make sure she was feeling good. I have experience in the medical care field; I was a nurse’s assistant for years. I was wondering if I can get paid for what I did?

Asked on September 25, 2011 under Employment Labor Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If the friend or the elderly parent has agreed in advance to pay you, that agreement would be enforceable, as would any employment or independent contractor agreement. However, after having already provided the care, if there was no agreement to pay for it in place up front, you cannot now require them to pay you.

Nothing stops you from asking, of course; and either the friend or the parent could certainly choose to pay you something, or provide some gift to you for your help; but if they do so, that is voluntary.  You cannot after the fact force them to pay for care which you, at the time, afforded voluntarily, without any agreement in place for compensation.


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