an emplyee

[redriverhunter]

Thank you for all your replies all advice is taken into consideration rrh

[Char-Gar]

A hiring agreement stating that she is a Private Contractor and responsible for her own benefits, tax payments, etc. is the key.

There is a little more to it than that. It is true that a Contractor is responsible for their own benefits, tax payments etc. However to be OK with the IRS, the person hiring cannot direct the contractor in their daily duties. They are contracted to do a job and they must be allowed to do it their way. If they are directed in their daily duties, they are not a contractor and the IRS will expect withholding and quarterly payments to them.

Bottom line is if a person is hired by contract to do a job, they can't be directed like they are an employee.

[Char-Gar]

My biggest concern would be what would you do if she claimed she hurt herself working for you? Workmans comp and or disability issues could be a nightmare to deal with.
Medical bills, lost wages, etc.

Address these and you should be good to go.

It varies from state to state, but you must have a certain number of employees before you come under Workers Compensation laws. In Texas the number is 3.

In Texas there is no requirement to pay Workers Comp insurance for any number of employees, but if you do not and get sued by an injured employee, you lose the benefits of most common law defenses like "assumption of the risk", "Fellow servant" etc. etc.. Bottom line is paying Workers Comp insurance is a very wise thing to do.

[Char-Gar]

Workmanship Comp is a tax in which you don't get reimbursed when you cease business. It is a percentage of gross salary. I never had a comp claim and when I sold the business it was see ya bye see ya as far as getting the money back.

In Texas and most states Workers Comp is an insurance plan and not a tax. You never get insurances premiums back because there is no claim. Your payments go toward paying the claims of others.I

[shooterg]

I'm sure no one on this board has evaded any taxes.....lol

[john.k]

Nursing assistance is also a fairly high risk occupation for back injury etc......so I would make sure I was well covered against any claim,statutory or common law........IMHO,anyone who does years of care on the promise of an inheritance is a fool....I dont know how many do this and get nothing in the end.....some states give relatives precedence,even distant relatives. Even with a will,you may be talking costly legal action,which claimant heirs wont care about,because it comes out of the estate.....assuming anything is left after the lawyers fees.........

[mold maker]

Any will, whether self written or done by a competent lawyer, is only one contest from worthless. It is only a statement of the subjects wishes.
My advice is to give everything away before you die. It can be done, keeping only necessities until after your death. Make sure you provide for and plan your final expenses. Since no one is guaranteed tomorrow, it's a good idea to take care of it today.
As far as elderly care, set aside for it at the same time.
Simple solution is check book is in a trusted family members name also. This allows me to tend to bills as long as I'm able and the relative otherwise. In my family, the last 3 generations have passed at home, each holding the next generations hands. There's nothing more comforting than to tell them goodbye while holding their hand as they peacefully depart.