Gifts to Caregivers
Caregiver Gifts in Estate Planning
Caregivers can form close relationships with their patients, and may end up being designated a beneficiary when the patient passes away. In order to ensure that a caregiver receives your gift, he or she should be named in your will using wording that specifically states reason for the inheritance. Making your intentions known to other family members is also important to make certain your assets are distributed the way you desire.
In 2011, new probate legislation was implemented that amended earlier laws regarding gifts to caregivers. It is now required that the attorney that is drafting the will sign a certificate of independent review when the recipient of an inheritance is a care custodian. The purpose of the Care Custodian Statute is to protect an elder from dishonest people, ensure the gift is being given freely and to avoid future estate litigation. Individuals that are exempt from the independent review include:
- The spouse of the elder
- A blood relative of the elder
- A registered domestic partner
If you are intending to bequeath a gift to a caregiver, contact a Los Angeles estate litigation attorney for more information regarding caregiver laws and estate requirements.
Los Angeles Estate Litigation Attorney
McBride Law Group, P.C. is an established estate planning firm that can help you draft the vital legal documents needed for your estate, such as wills, living trust, durable power of attorney, advanced health care directive and a beneficiary designation. They have extensive knowledge of estate and probate laws, and can structure your estate to ensure your wishes are carried out when you pass. The firm's attorneys are also skilled litigators that will provide dedicated representation during probate and other legal proceedings. Ms. McBride is a Certified Legal Specialist in Estate Planning, Probate, and Trust Law and Mr. McNab is an experienced family, estate and business litigation specialist. The firm provides an intimate office setting where clients can discuss their estate goals and receive the legal assistance that they need.
Contact a Los Angeles estate litigation attorney
for legal advice regarding estate planning and caregiver gifts.