Frequently Asked Questions (FAQs)

Disqualified Beneficiaries

Does the presumption that the gift is invalid apply if I don’t pay my care custodian or if my care custodian is a long-time friend?

Yes, according to a recent court decision. The court ruled that the presumption that a gift to a care custodian is invalid applied whether or not the care custodian is paid and whether or not the care custodian had a pre-existing friendship with the donor.

“It is the trade of lawyers to question everything, yield nothing, and to talk by the hour.”

- Author: Thomas Jefferson