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Estate Planning · answered on camera

Attorney Andrew Dosa Explains Potential Estate Planning Problems When CareGivers Are Included

Quick answer

Under California law, a gift to a caregiver in a will or trust is presumptively void, explains estate planning attorney Andrew Dósa. The one path to validity: the person making the plan must hire a second, independent attorney to interview them and issue a 'certificate of independent review' confirming capacity and free will—a safeguard against caregivers exploiting a vulnerable elder.

Excerpt summaries from the video and transcripts · how we make them

Answered by Andrew Dósa · Oakland, CA and Tacoma, WA

Highlights

0:28

— why a gift to a caregiver raises immediate legal concern

1:35

— the independent-review step that can make such a gift valid

3:03

— how he tests whether the person has capacity to decide

5:10

— the humor test he uses to check orientation

6:35

— the reminder that a caregiver is an employee, not a friend

Frequently Asked Questions

Is a gift to a caregiver in a will valid?

Under California law, a gift to a caregiver in a will or trust is presumptively void, a safeguard against a caregiver exploiting a vulnerable elder.

How can such a gift be made valid?

The person making the plan must hire a second, independent attorney to interview them and issue a 'certificate of independent review' confirming capacity and free will.

How does he test decision-making capacity?

He interviews the person directly to confirm they understand what they're deciding and are doing so of their own free will.

What's the humor test he uses?

He uses a light, humorous check to gauge orientation—whether the person is clear-headed and aware of their situation.

Is a caregiver a friend for these purposes?

No—he reminds people that a caregiver is an employee, not a friend, which is exactly why the law scrutinizes gifts to them.

→ Full interview on Attorneys.Media

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Contact Andrew Dósa
Answered by

Andrew Dósa
The Law Offices of Andrew Dósa

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