If you’re one of those people who is healthy enough to remain in your own home as you age, you may rely on a caregiver to help you with things like chores, sorting medications, cooking and more – as well as for companionship and conversation. This can be especially valuable for seniors who don’t have family nearby.
It’s understandable that if you have a long-time caregiver, whether a professional or a helpful neighbor or younger friend, who has filled this important role, you would like to include them in your will. If you do this, it’s important to make sure your family is aware of your actions and understands the reasoning behind them.
Caregivers are often suspected of fraud
Unfortunately, it’s all too common for those close to an elderly person (both relatives and non-relatives) to take advantage of them – particularly if they’re very ill and heavily medicated or suffering cognitive decline. Relatives who don’t know the caregiver or don’t fully trust them may challenge a will after a loved one’s death if they believe they have tricked, threatened or otherwise used “undue influence” to get a nice inheritance or even administrative responsibilities, like estate executor.
Some states have laws to make it more difficult for caregivers to engage in such fraud. For example, California law has a rebuttable presumption that a “care custodian” engaged in “fraud or undue influence” if they’re included in a will drawn up or modified while they were working for the deceased. That means they have the burden of proving they didn’t.
What steps can you take now?
While Massachusetts doesn’t have such a law, it’s still important to do everything possible to prevent conflict between your family and your caregiver after you’re gone.
Communication, as noted, is important. While you might dread telling your relatives that you’re including someone else in your will, it helps them feel secure that it’s your decision and understand your thinking.
Gifting your caregiver with something while you’re still around can also prevent a will contest. It’s crucial, however, not to give them assets you may need later.
It’s also crucial not to promise your caregiver they’ll get something after you’re gone if you haven’t codified it in your will or elsewhere in your estate plan. If you don’t, no one is obligated to give them anything – even if they promise to.
If you have sound estate planning guidance, you can help prevent will contests and other issues after you’re gone and help settling your estate go as smoothly as possible for your family.
