Hiring a Private Caregiver in Texas: What Families Need to Know

A home care agency in Texas charges $28–$35 an hour. The attendant actually doing the work takes home $12–$18. Hiring a private caregiver directly — cutting out the agency — saves money and gives your parent a consistent person rather than a rotating roster. But it also makes you the employer, with all the legal obligations that come with it.

Finding Candidates

Start with your network before going public. Adult children of friends, church members, former CNAs who left agency work, and caregivers recommended by your parent's physician or physical therapist are all higher-trust starting points than online job boards.

If you need to advertise, Care.com and local caregiver Facebook groups generate candidates in most Texas metros. Nursing programs at community colleges are another source — students in CNA or HHA certification programs sometimes take private care work for clinical experience and income.

Running Background Checks

When you hire through an agency, the agency is legally required to run background checks. When you hire privately, responsibility for screening falls entirely on you, and skipping this step is a liability risk you don't want.

At minimum, run:

• Texas DPS criminal history check through the Texas Department of Public Safety's online portal
• Employee Misconduct Registry (EMR) search — the HHSC registry lists individuals who have been substantiated for abuse, neglect, or exploitation in a care setting. Search at the HHSC EMR database
• Nurse Aide Registry (NAR) check — verifies CNA certification and flags any findings

A multi-state background check through a commercial screening service ($30–$75) is worth the cost if the candidate has lived outside Texas within the past seven years. Standard Texas law limits criminal history checks to seven years under the Fair Credit Reporting Act, unless the caregiver's annual salary exceeds $75,000.

Pay, Taxes, and the "Household Employee" Problem

A private caregiver working in your parent's home is a household employee — not an independent contractor. The IRS is clear on this: if you control when, where, and how the caregiver works, they're an employee regardless of what you call them on paper.

What this means:

• Payroll taxes. You owe the employer portion of Social Security (6.2%) and Medicare (1.45%) taxes. You must also withhold the employee's matching share. If you pay a caregiver $2,400/month, your actual cost including employer taxes is roughly $2,584.
• Federal unemployment tax (FUTA) applies if you pay $1,000 or more in any calendar quarter.
• Texas has no state income tax, so there's no state withholding — but you're still responsible for federal withholding if the caregiver requests it on their W-4.
• Schedule H on your (or your parent's) federal tax return reports household employment taxes annually.
• Workers' compensation insurance is not required for household employers in Texas, but without it, you may face personal exposure if the caregiver is injured on the job.

Payroll services like HomePay or GTM Payroll specialize in household employer tax compliance and cost $50–$75/month. For most families, the cost of the service is far less than the risk of an IRS penalty for mishandling payroll taxes or misclassifying the worker as a contractor.

The Backup Problem

The biggest operational risk with a private caregiver: they get sick, go on vacation, or quit. An agency sends a replacement. You don't have a replacement. Build your backup plan before you need it:

• Identify a secondary caregiver — even if they're only available short-notice for a day or two
• Register with a home care agency for PRN (as-needed) shifts so you have a fallback source for temporary coverage
• Keep the local ADRC number (1-855-937-2372) accessible — they can help locate emergency respite services

If your parent qualifies for Medicaid, the Consumer Directed Services (CDS) option through programs like Community First Choice or Community Attendant Services provides the flexibility of hiring your own attendant with the financial infrastructure handled by an FMSA — payroll, taxes, and workers' comp are all managed for you. This is the best of both worlds when Medicaid eligibility is in play.

The Aging in Place in Texas guide includes a private caregiver hiring checklist, a sample employment agreement, and the background check workflow with direct links to every Texas screening database.

See more Texas guides →