probate

  • Gifts to Care Custodians: Traps for the Unwary

    Chris Jones

    What does care custodian mean to you? A friend or acquaintance that visits, runs errands, pays bills, cooks, cleans, administers medications, and takes care of other pressing needs?

    Probate Code Section 21350 provides that gifts to “care custodians” are invalid. This provision of the code was drafted and adopted in the early 1980′s as part of EDAPCA (Elder and Dependent Adult Civil Protection Act) when it became clear to lawmakers and lawyers alike that nurses, housekeepers and care givers were taking advantage of the impaired and the elderly. These laws were codified as Probate Code Section 21350 in 1997.

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