Trusts and Estates

Ca. Trs. & Estates Quarterly Volume 11, Issue 4, Winter 2005

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.

I. INTRODUCTION

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