What to know if you’re including your caregiver in your will

On Behalf of | Oct 11, 2024 | Estate Planning |

Many New Jersey residents are able to remain in their homes as they get older, even if they don’t have family living nearby, because they have an in-home caregiver. These caregivers can provide a range of services, big and small, to help older people with the activities of daily living.

They can also provide someone to talk to and to encourage them to socialize, which are crucial and people get older. It’s not uncommon for people to grow very fond of their caregivers and consider them close friends or even like family. 

If you feel this way about your caregiver, you may decide you want to leave them something in your will. You have every right to do that. However, you want to take steps to help ensure that your family won’t dispute your wishes after you’re gone.

Preventing “undue influence” accusations

Unfortunately, some caregivers use their influence with older adults under their care who may be suffering from cognitive impairment or physical and emotional issues that may leave them vulnerable to “undue influence.” This can be anything from sob stories to outright threats.

One way you can prevent your family from contesting your caregiver’s inheritance is to talk with them about it. This can help them feel comfortable that the decision is solely yours. 

That doesn’t mean they’ll like it. That’s why it can help to remind them that your caregiver has relieved them of the need to provide daily care or even have you live with them or move you into a care facility. 

Gifting assets while you’re still around

If you’d rather not deal with your family’s pushback on the matter, you could choose to gift your caregiver with money or other assets (if you’re sure you won’t want or need them later) while you’re still around. Just be sure to detail that someone in your estate plan so there aren’t accusations of stealing. Again, telling your family about it might help – unless you fear they’ll pressure your caregiver to return the gifts.

A word of caution: Don’t just promise your caregiver they’ll get something after you’re gone unless it’s detailed in your will. 

With sound professional estate planning guidance, you can help ensure that your wishes will be followed after you’re gone. This can also help you minimize the chances of conflict among those you care about.

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