WHAT STEPS MAY I TAKE TO VERIFY SOMEONE NEEDS A “CARE GIVER”? UNDER WHAT CIRCUMSTANCES MAY I DELINEATE THE TIME AND FREQUENCY OF VISITS? CAN WE SCREEN THEM? CAN WE CHARGE FOR AN EXTRA PERSON? CAN WE CHARGE FOR COMMUNITY SERVICES INCREASING COSTS?

RCW 59.20.145 governs “care givers”. It provides that such person must be over eighteen years of age and must provide live-in health care or live-in hospice care under an approved plan of treatment ordered by the tenant’s physician. You can therefore ask for proof that any care provider is under an approved plan or physician’s orders by actually receiving written documentation of such plan or order. You may also have the right to ask the duration of such plan or order and may periodically ask for evidence that such care is still needed, ordered, or subject to a plan of treatment.

You have no legal right to delineate the time and frequency of “visits”. Moreover, a “care provider” is someone who is actually residing in the community. Persons who merely come to provide care are not statutory “care providers” as there is a definition requirement that such persons “live in” with the tenant.

You can and should screen a care provider. RCW 59.20.145 states that a care provider “shall comply with the rules of the mobile home park”. Your rules should state that any authorized care provider as defined by RCW 59.20.145 shall be screened by management. “Screening” should only concern itself with the care giver’s background and lack of criminal activity. The financial strength of the care provider is irrelevant, as such person is not considered a tenant by law.