I have heard horror stories when taking on home care for parents and it has gotten me quite nervous. My mother is in need of help at home and we want to try to avoid making her leave her home if possible. We want to hire a caregiver but many people have talked about neglect and instances of elderly ending up in the hospital from malpractice and bad care. They were unable to sue the companies for compensation which made things worse.
Is it a good legal standpoint to therefore draw up and agreement to protect everyone involved?
The best protection for your mother and the family is to use a reputable company that provides care giving services. The company will have a contract for your review; make sure you understand its terms. Using a reputable company means that the caregivers will be well-screened to begin with and, if a caregiver is not a good fit for your mother, the company's management can provide a different caregiver who suits her better. I do not recommend trying to find an individual caregiver yourself. However, if you become aware of someone who seems like a good option and who makes it through criminal and credit background checks, then yes, it makes sense to have a contract with that person. Keep in mind that it's unlikely you'll be able to sue an individual caregiver in case of a bad result because that person probably won't have any money and will not be insured.