Q: My grandfather’s elder regulation lawyer recommends that he problem a rental settlement for his live-in caretaker. The caretaker receives room and board as compensation. Though my grandfather nonetheless drives, his caretaker does many of the driving, purchasing and cooking. My grandfather doesn't need this handshake association shifted to authorized paperwork. He finds it crass and refers to his lawyer as a deal killer. My grandfather is fearful that the caregiver would give up and transfer out.
My mom made me the successor trustee of my grandfather’s property earlier than shifting out of the Bay Space. The elder regulation lawyer acknowledged that I might have a sequence of authorized points if the caretaker turns into an issue. Is that this elder regulation lawyer making an attempt to cowl her authorized publicity or mine?
A: Proclaiming any lawyer a deal killer is a press release that I’ve at all times discovered cringeworthy. The lawyer in any space of experience is engaged to identify points. It's counterintuitive to fault attorneys after they efficiently fulfill their fiduciary obligation by discovering flaws in a single’s dealing.
Regardless, as an actual property dealer I can't reply authorized questions. Nonetheless, for many years, I’ve communicated that monetary elder abuse is America’s most important unknown crime wave in each discussion board I’ve had at my disposal. Granted, over 40,000,000 casual (unpaid) care suppliers in America have been trustworthy and well-intended over the past 12 months. Lest we neglect, a proper caregiver is a paid care supplier.
Your grandfather doesn't have a rental settlement or licensed caregiver contract together with his live-in care supplier, who might refuse to maneuver out, sue for again pay or each. Run a background verify on the present live-in care supplier; both approach, an actual property lawyer may also help you with an eviction or a month-to-month rental settlement. I’d seek the advice of an employment lawyer to take management of any previous or current in-house caregiving employment ramifications or procedures. If funds permit, rent a licensed, bonded and insured care supplier to go to your grandfather each day. It isn't unusual for older adults to have rented out a room to “have somebody in the home at evening in case of emergency.”
Because the successor trustee and grandson, take steps to guard your grandfather, together with unannounced visits. Now, greater than ever, he can use a greatest buddy.
Questions? Realtor Pat Kapowich is a Licensed Actual Property Brokerage Supervisor and career-long client safety advocate. His hometown of Sunnyvale, California, is the place he's primarily based. Workplace: 408-245-7700, Pat@SiliconValleyBroker.com Dealer# 00979413 www.YouTube.com/PatKapowich