Trusts and Estates
Ca. Trs. & Estates Quarterly Volume 11, Issue 4, Winter 2005
Content
- IN THIS LAWYER'S OPINION: A T&E LAWYER'S ROLE IN PROTECTING THE VULNERABLE CLIENT
- Can You Hear Me Now? Drafting a No Contest Clause Under the New Rules
- Heard From the Court
- Incapacity Alert
- Making the Other Guys Pay: Attorney Fees and the Common Fund Theory
- Private Real Property Sales In Probate Proceedings—Let the Seller Beware
- Trust and Estates Section Executive Committee
- WHAT IS A CARE CUSTODIAN UNDER PROBATE CODE § 21350?
WHAT IS A CARE CUSTODIAN UNDER PROBATE CODE § 21350?
By Terrence M. Franklin and Matthew W. McMurtrey*
SUMMARY
Two cases interpreting the term "care custodian" have created a conflict about the proper breadth and scope of the prohibition against gifts to "care custodians" under Probate Code § 21350. The authors believe that "care custodian" should be broadly construed to maximize the protection of the elderly.