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Lombard estate planning attorneyAs you get older, your needs are going to change. Many people require more medical and personal care in their later years than they did when they were younger. If this happens to you, your loved ones and family members will probably be on board with helping as much as possible, but they might not be able or equipped to provide the level of care that you need. In such a situation, you might need to rely on an independent caregiver—someone that you are not related to or do not really know in any other capacity. While a caregiver might be a stranger at first, it is possible that you will become closer with him or her over time. Depending on the circumstances, your caregiver might do so much to help you that you even think about adding him or her as an heir in your will.

What the Law Says

Several years ago, lawmakers in Illinois updated the Illinois Probate Act of 1975 (755 ILC 5) to address inheritances left to non-related caregivers. The 2015 amendment addressed situations in which an estate planning instrument, including a will or trust, left more than $20,000 to a caregiver who was not related to the decedent. Under the amended law, a transfer of property greater than $20,000 is presumed to be fraudulent in the event that the transfer is subject to a challenge. The presumption of fraud will invalidate any instrument making the transfer.

The law, as it now stands, might seem harsh, but it was passed with good intentions. A caregiver often has virtually unrestricted access to a person whose health, age, or mental capacity might leave him or her especially vulnerable. A dishonest caregiver could fairly easily exercise undue influence over the person and convince him or her to write a new will or to add provisions that will benefit the caregiver. Family members and other would-be beneficiaries might not even know about the changes until after the person dies.

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