In California, a gift in a will or trust by a "depdendent adult" to a "care custodian" is presumed invalid. I put those phrases in quotes because they are defined in the Probate Code and also in case law. The phrase "care custodian" has been particularly problematic for estate planners because it has been defined in case law rather broadly to include non-professionals (including friends and acquaintances) who provide health services or social services to a dependent adult (anyone over age 64, or a person between 18 and 64 who is an inpatient in a 24-hour health facility.) The law seemed broad enough to include anyone who helped a dependent adult in any way.
The recent case of Estate of Austin has helped clarify the definition of care custodian somewhat. The decedent was 72 years old, suffered from a broke hip, and had recently undergone triple bypass surgery. The decedent's ex-wife's daughter (ex step-daughter?) helped to prepare meals, drive him to doctor appointments, and "other unspecified helping out." The court of appeals concluded that this "could not reasonably be characterized as substantial, ongoing health services or social services" and held that she was not a care custodian, so the decedent's gifts to her were valid.
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