Giving everything to your Caregiver?

Many times a caregiver will end up getting the entire estate including houses, jewelry, money, etc. However, that may not be allowed.

Probate Code Section 21350(a)(6) specifies that no provision, or provisions, of any instrument shall be valid to make any donative transfer where  a care custodian of a dependent adult  is the one whom is designated to receive the property.

 

Under Welf & I C §15610.17(y), a care custodian includes any person who provides either health services or social services. The court concluded that a “paid live-in caregiver” likeCaregiver in this case clearly provides social services and is therefore a care custodian. Thus, all donative transfers to Caregiver were presumptively barred.

 

A trial court found that Caregiver cooked, cleaned and drove Decedent to appointments, meeting and shopping, took care of Decedent and her home, and was Decedent’s “paid live-in caregiver.” A paid live-in caregiver clearly provides social services and is, therefore, a “care custodian,” giving rise to the presumption of undue influence.