Legal Definition
(a) “Care custodian” means a person who provides health or social services to a dependent adult, except that “care custodian” does not include a person who provided services without remuneration if the person had a personal relationship with the dependent adult (1) at least 90 days before providing those services, (2) at least six months before the dependent adult’s death, and (3) before the dependant adult was admitted to hospice care, if the dependent adult was admitted to hospice care. As used in this subdivision, “remuneration” does not include the donative transfer at issue under this chapter or the reimbursement of expenses.
(b) For the purposes of this section, “health and social services” means services provided to a dependent adult because of the person’s dependent condition, including, but not limited to, the administration of medicine, medical testing, wound care, assistance with hygiene, companionship, housekeeping, shopping, cooking, and assistance with finances.
Basic Definition
Section 21362: Defines “care custodian” as an individual providing health or social services to a dependent adult under specific conditions, excluding those with a personal relationship meeting certain criteria.
In-Depth Overview and Use Cases
Section 21362 addresses the definition of a care custodian to protect vulnerable adults from undue influence in estate planning. It delineates the scope of services included under health and social services, such as medical care, financial assistance, and companionship. Use cases often arise in disputes over donative transfers, where allegations of undue influence by a care custodian must be assessed. For example, litigation might involve determining whether a gift to a care custodian meets the statutory definition or whether the caregiver-client relationship was exempt due to personal connections.
Application & Relevance
Attorneys reference Section 21362 in cases involving contested wills or trusts to evaluate whether a care custodian unduly influenced a dependent adult. It provides a framework for assessing the validity of donative transfers and offers protections for both caregivers and dependents. This section is crucial for litigators in probate disputes involving elder abuse or questionable gifts.
Legal Scenario
Financial Elder Abuse
Probate Code Impact
In cases of financial elder abuse, this section helps determine whether a caregiver has exerted undue influence over a dependent adult. If a caregiver receives a gift, the court assesses whether they meet the definition of a “care custodian” and whether the gift was tainted by undue influence. If they do, the instrument will be presumed to be the product of fraud or undue influence, shifting the burden of proof to the “care custodian” to prove the instrument is valid.
Legal Scenario
Trust Dementia, Incapacity & Undue Influence Claims
Probate Code Impact
Section 21362 is critical in claims involving undue influence over a dependent adult with dementia. It ensures that caregivers who may have unduly influenced the decedent’s estate planning decisions are identified, providing safeguards against such abuse in trust litigation.
