I’m worried she might assert squatting rights because she sleeps over nights and now asked if son can stay with her and mom. She gets paid for company solely and was researching that if she is a residential employee she cannot bill 5 hours of undisturbed sleep. Worried about her later refusing to leave and suing for unpaid hours when only sleeping
Of course the answer to can her son stay if OF COURSE NOT. You simply say "You are working; this is a job; of course your son cannot be here while you fulfill this job and requirement".
But the fact she ASKED this makes me worry. I think you should have cameras in your home. The fact is that when you have someone in home like this they have access to all of your mom's private financial information, SS numbers, and etc. It's dangerous and it makes me wonder the willy nilly way people now give access to cleaners, other workers into a home when all their identity info is readily available in seconds, including charge cards and everything else.
I don't know. You are feeling that you have an elder not safe alone. These are difficult decisions. I can't tell if this is someone you just hired out of an ad, or is working bonded by some agency, or though something like care.com. Or what your wage laws are in your area. But does sound to me like you are right to be concerned at present. I want to wish you good luck.
Make sure she (the aid) knows she is not to have any of her mail go to your Mom's house (as this establishes it as her legal residence) and isn't moving in any of her personal belongings.
Also, there needs to be an employment contract with this caregiver. She needs to supply her actual residential address, birthdate, SSN, etc. I'd take a pic of her driver's license as well. If your Mom is paying her in cash under the table, she is asking for problems that won't be easily solved.
Are you your Mom's PoA? If so, I'd read the doc to see what is required to activate the authority (usually it's 1 official diagnosis of sufficient impairment made by her doctor). If your Mom doesn't have a PoA assigned, she needs to do this for her own protection. If she won't do it, that's it's own problem that will come back to haunt her and her family.
If your Mom wants a companion aid she is safest by hiring one through an agency. It's more money up front but much less probability of abuse.
If this aid establishes your Mom's home as her legal residence then your Mom will need to go through an eviction process to remove her (downloads paperwork to file with a fee that is several hundred dollars). Then the eviction can happen after 30 days. IF the person refuses to move out only then can your Mom request a police escort off the property.
Your Mom may in the meantime assign this privately hired aid as her PoA. This type of abuse happens all the time, and it did in my family: the aid drained the elder of everything and then disappeared leaving him penniless.
IMO it's not worth the risk. Fire this person and hire a legit aid through an agency, who is at least vetted and the agency then is liable if anything wrongful, accidental or nefarious happens.
You really have to watch it with independent caregivers, especially boundary pushers.
I’d think again about the whole arrangement. You may be better off turning it into a genuine tenancy with a contract and terms.
For what purpose would the son be staying over?
I would not allow anyone to stay over w/o a contract.