Donative Transfers to Care Custodians of Depending Adults

      Often times when an ailing person requires 24 hour care, they become quite close with their care custodian. This may result in situations where the care custodian uses the close relationship and the dependency of the adult to take advantage. With this in mind, the California legislature enacted California Probate Code section 21350 which invalidates donative transfers to a care custodian of a dependent adult who is the transferor.

      However, not every care custodian acts with malice to take advantage of the frail adult it is their job to care for. Sometimes a genuine friendship does occur and the dependent adult of their own free will does wish to give money to their care custodian. Therefore, section 21351 allows an exception if the Court determine upon clear and convincing evidence, but not based solely upon the testimony of the care custodian that the transfer was not the product of fraud, menace, duress or undue influence. Additionally section 21351 has an exception for blood relatives or relatives by marriage which allows them to receive donative transfers despite their acting as a care custodian for the dependent adult.

   If you have further questions about donative transfers to care custodians and live in the Los Angeles area you should consult with a Los Angeles Probate Lawyer.