Hi, my name is Tyson; I am a 14-week-old Doberman pinscher. I enjoy playing and running around my huge backyard with my Doberman mom and dad as well as cuddling with them. I follow my human mommy around everywhere she goes, even though she gets mad at me when I go potty in the house (I’m still learning). I love giving my human baby cousin kisses on his toesies, and my mommy says I’m the best boy because I’m so gentle with him. I can’t wait to grow big and strong to protect all my hoomans! Pet of the Month!
The Legal Way to Give a Gift to Your Caretaker
California’s Care Custodian Statute Explained
Whether you’re a senior citizen who wishes to repay your caretaker for all they’ve done, a caretaker receiving a gift from someone you built a relationship with, or a family member of one of the above, you should take the time to educate yourself on California’s Care Custodian statute. Transferring gifts between a patient and caregiver is carefully regulated by the state of California to prevent a form of elder abuse called “undue influence.” Undue influence happens when a caretaker convinces a patient to include them as a beneficiary to their will, trust, or similar transfer of assets. Because caretakers have unique access to their patients and control over significant areas of their lives, there is potential for a caretaker to unjustly coerce a patient into leaving them something. To protect patients in California from this situation, the state presumes all transfers of this nature are fraudulent and, therefore, invalid. This does not include transfers to family members, the patient’s spouse, or gifts valued at $5,000 or less. California considers these transfers fraudulent by default because otherwise, it would be the burden of the beneficiary to prove that the caretaker created undue influence, which can be extremely difficult. Thankfully, if you are a patient who wishes to leave something to your caretaker, there are ways to facilitate this under California law. Because the gift is considered fraudulent, it is the burden of the caretaker to prove that it was not. You can help with a “Certificate of Independent Review,” which requires you to work with counsel who will evaluate whether or not undue influence was used and confirm you are fully cognizant of your actions. This certificate will ensure that your will is followed and your caretaker receives what you intend. A critical risk to fighting the presumption of fraud is that the caregiver must prove beyond a reasonable doubt that there was no undue influence, or else they will be responsible for the costs of the case. This is another step in discouraging unjust claims by caretakers. If you’re seeking assistance with a Certificate of Independent Review or planning your trust, please contact us today to speak with an experienced advisor.
2 www.tqdlaw.com | 916-545-2790
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