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Caregiver Agreement

R399

Create a caregiver agreement for elderly, disabled, ill, recovering, or vulnerable persons, covering care duties, working hours, payment, medication support, emergencies, confidentiality, safety, and termination.

A Caregiver Agreement is used where a person is appointed to assist an elderly person, person with disability, recovering patient, ill person, or vulnerable person with daily care and support. It may operate as an employment contract or service agreement depending on the arrangement.

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South African legal context (2026 checklist)

Where the caregiver works as an employee in a household, domestic-worker employment protections may apply. The agreement should avoid assigning medical duties beyond the caregiver’s training or legal authority. It should include emergency procedures, confidentiality, personal information protection, safeguarding, and clear limits on medication and medical decision-making.

  • Basic Conditions of Employment Act 75 of 1997
  • Sectoral Determination 7: Domestic Worker Sector, where applicable
  • Labour Relations Act 66 of 1995
  • National Minimum Wage Act 9 of 2018
  • Unemployment Insurance Act 63 of 2001
  • Compensation for Occupational Injuries and Diseases Act 130 of 1993
  • Older Persons Act 13 of 2006, where elderly persons are involved
  • Mental Health Care Act 17 of 2002, where mental-health care is relevant
  • Protection of Personal Information Act 4 of 2013

Use this as a starting point only. Verify current gazetted amendments, tribunal rules, and SARS / DOL circulars that may apply to your matter.

Typical questions we'll walk you through

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Who is the caregiver?
Who is the caregiver?
Who is the person receiving care?
Who is the person receiving care?
Who is responsible for payment?
Who is responsible for payment?
What care duties must be performed?
What care duties must be performed?
Will the caregiver assist with meals, bathing, mobility, medication reminders, transport, or companionship?
Will the caregiver assist with meals, bathing, mobility, medication reminders, transport, or companionship?
What working hours apply?
What working hours apply?
What wage or fee will be paid?
What wage or fee will be paid?
What emergency contacts and medical instructions apply?
What emergency contacts and medical instructions apply?
Will the caregiver live in or live out?
Will the caregiver live in or live out?
What confidentiality and safeguarding rules apply?
What confidentiality and safeguarding rules apply?

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