Can a caregiver receive a gift from a client? SHOULD a caregiver write a deed that gives her the house and have her client sign it? If you are interested in Probate Litigation issues involving financial exploitation, financial abuse and elder abuse, you may want to read this California opinion issued October 23, 2014 by Judge Richli of the 4th District Court, Division 2, Court of Appeal in California. I’m sure that many elder law litigators Palm Beach would suggest that you read this if you mom or dad lives in Boca Raton and is aging, and may need a caregiver.
Caregiver Writes Deed & Client Signs It
- Robert signed a deed to caregiver friend Jeanne in 2007
- Guess who wrote the deed?
- Caregiver !
- Guess how much the caregiver paid?
- $1 !
- When Robert died, his trustee and beneficiary of his trust, his stepdaughter sued
- Trust litigation, elder abuse issues, financial exploitation issues
- Innocent caregiver or financial predator?
Is the Caregiver’s Deed Void?
- Can a caregiver draft a deed to herself for a client to sign?
- Are gifts to caregivers valid?
- Did the deed have the trustee sign it or just Robert individually?
- Many probate lawyers Palm Beach know that there is a case from the Palm Beach appeals court on a deed from an individual that was actually in a trust, which requires the signature of the TRUSTEE…. the person in their fiduciary capacity
Financial Exploitation & Elder Abuse
- To read more about this case, 2014WL 5395007
- Jenkins v Teegarden
- Justice Richli
- E059692
- Appeal from Superior Court Riverside County, California
- Many know that in Palm Beach County, the state attorney’s office has a team of investigators and prosecutors that handle the criminal aspect of financial exploitation of the elderly under Florida law.
- Remember: criminal matters are different than suing for civil damages in a Palm Beach probate court. If the cops tell you that you don’t have a case, that’s a criminal case they are talking about. You may or may not have a good probate lawsuit.