Is it legal for a home care giver to inherit property from their elderly patient? - AgingCare.com

Is it legal for a home care giver to inherit property from their elderly patient?

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My 95 year old Dad has written his 55 year old care giver into his will. Is it legal for her to take his property after his death?

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It's legal, assuming the will is valid, i.e. assuming that the testator is of sound mind. But it's bound to look dodgy. Any elderly person who wants to make a generous gesture of gratitude to a caregiver he or she appreciates - which is a nice thing to do - needs to make very sure that the reputation of the caregiver is protected by a clear statement of intentions in the will. Otherwise it ends up being potentially not a nice thing to do at all: nothing but trouble.

June, do you actually have a problem with the legacy? Do you not feel it's deserved? Are you concerned that pressure has been applied? It isn't clear whether you personally would want to challenge this bequest or not.
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Your profile does not let us know Dad's situation. If he is competent he can leave his assets to anyone he wants. If he was not you need an opinion from a forensic psychiatrist to challenge the will. Were you available to help with Dad? I can see where an elder would leave a caregiver assets if they provided most of the care when it was necessary. I wonder how many children would be more involved with care if this happened more frequently.
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How was this done….like did Dad go to his attorney on his own to do a will or do a codicil to the will? OR was this done via a document they got off the internet?

What is he leaving her? something worth 5K or something worth 50K, 500K? People do often leave something to their caregivers.

If this was done by his attorney who has done prior work for him, they usually will go over things with him by himself to make sure there is no collusion and that he seems competent. If that is the case, then Dad can do whatever with his assets.

If you are concerned that the caregiver may have taken advantage of Dan and possibly be doing other things, I would suggest you see if Dad has added the caregiver to any of his bank accounts too. You could use the excuse that it's tax time and you go to see Dad for many visits to help him with his taxes and you go over all his financials in detail. Then if it looks like something is not right, go and see an elder law attorney. Good luck.

Oh also who is the executor?
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A person who is mentally competent can execute a will leaving his property to whomever he chooses. However, if he is not mentally competent, you can challenge the will on that basis. Also, if you have evidence of undue influence or duress or other fraud, those factors can also be a basis to challenge the will. Does your father have Alzheimer's ? Has a doctor evaluated his mental competency? His competency at the time he wrote his caregiver into his will is a crucial question that needs to be answered. Also what do you know about the role the caregiver played in your father's decision to include her in his will? You should contact an attorney in order to fully explore theses questions.
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