[WSBAPT] protecting agent under POA for F

[Cyrus Field]

Hi All-As followup to my previous post, I realize the threshold issue that I
was ducking, but needs to be addressed first, is whether the care givers are
independent contractors or employees. While I have materials from other
jurisdictions indicating it is hard to argue a home care provider is an
independent contractor, I can't seem to readily find anything dealing with
the issue in Washington (most care contracts I've seen all refer to care
giver as "independent contractor" but that is not binding on 3rd
parties/taxing authorities). 

 

Might anyone out there be able to refer me to CLE materials, etc. or another
attorney that deals specifically with employment/home care giver issues in
Washington? Thanks again, Cy

 

Cyrus W. Field, Attorney at Law (admitted in Washington and Oregon)

phone: 360-472-1223 Mail: POB 367, Shaw Island, WA 98286 Office: 640 Mullis
St. Friday Harbor, WA

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From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Cyrus Field
Sent: Wednesday, January 20, 2016 4:59 PM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] protecting agent under POA for F

 

Folks- I have a situation where agent under a POA for F is helping elder
(with arguably diminished capacity) hire home care providers. Agent was told
by CPA he needed to get an EIN in elder's name to do the withholding, etc.
However, elder dislikes taxing authorities and is refusing to cooperate and
has told Agent he doesn't have  his permission to get one.  Assuming an EIN
is actually required (I'm not sure of employees' status, employment
agreements, etc.), any ideas on what the Agent can/should do to protect
himself while trying to preserve relationship with Principal? Thanks in
advance, Cy 

 

Cyrus W. Field, Attorney at Law (admitted in Washington and Oregon)

phone: 360-472-1223 Mail: POB 367, Shaw Island, WA 98286 Office: 640 Mullis
St. Friday Harbor, WA

******************************************************************

The information contained in this e-mail message, including attachments, may
be privileged, confidential and protected from disclosure. If you are not
the intended recipient, any dissemination, distribution or copying is
strictly prohibited. If you think you have received this e-mail in error,
please e-mail the sender at cyfield at rockisland.com and destroy or delete the
original and any copies. 

 

 

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