As an increasing number of seniors opt to remain in their homes with the assistance of non-family caregivers, there is an increasing risk that they could be victimized by an unscrupulous caregiver. Even if retained from a reputable source, background checked, highly referred and closely supervised, the family could be surprised to learn a caregiver improperly persuaded a relative to make a substantial gift or bequest to the caretaker or his/her family. Since 2014, the Illinois Probate Act provides that transfers of over $20,000 to a caregiver that is timely challenged by heirs is presumed to be void, putting the onus on the caregiver to prove it was proper and providing heirs the opportunity to recoup an ill-gotten gift or bequest.
If you have any questions, issues or problems relating to an elder or disabled person’s care, caregivers or questionable gifts or bequests, please contact us.
