February 01, 2012
/24-7PressRelease/ -- Dad Got Duped Into Marrying the Nurse -- What's Next?
Many children who can't care for their ailing and aging parents themselves will hire a personal caregiver to do the job. You want the caregiver to have a good relationship with your parent, as a bit of mutual affection can often lead to better care.
Every now and again, though, this goes way too far -- what would you do if the caregiver you hired secretly married your parent? And then claimed a right to your inheritance?
Estate planning lawyers around the country are reporting increasing numbers of these so-called "predatory unions," where a caregiver tricks a patient, often one who is suffering from dementia, into marriage so the caregiver can lay claim to the family estate once the patient dies.
Unfortunately, the patient's children generally have little recourse to stop the caregiver from inheriting if the couple is still married when the patient dies. In most states, a widow or widower's right to inherit takes precedence over an estate plan, even if that widow or widower isn't named in the will.
New York Offers Some Protection
New York courts have found a way out for families who fall victim to predatory and fraudulent caregivers.
The New York Court of Appeals heard a shocking case last year involving a woman who usually served as her 72 year-old father's primary caregiver. The father was suffering from Alzheimer's disease and terminal cancer. The woman took a one-week vacation, leaving her father in the care of a longtime friend. In that one week span, the friend married the man, transferred his assets into joint accounts and had herself named as his pension beneficiary.
When the man's children found out about the arrangement one month later, he didn't even remember the marriage happening. The children brought a legal action to declare the marriage and the account changes void.
Ultimately, after a protracted legal battle, the court ruled in the children's favor. It found that evidence showed the father did not have the mental capacity to enter into a marriage and that the friend had taken unfair advantage of his condition for her own financial gain. The court reasoned that it would be unjust to allow the friend to benefit from her own wrongdoing.
Be Proactive in Protecting Your Loved One
Experts recommend several steps you can take to protect your parent from predatory caregivers.
First, and most importantly, make sure you trust the person you're hiring. If you can, hire from a service that supervises its employees. If that's not available, make sure you're running a thorough background check on anybody you hire.
You may also want to consider having your parent execute durable power of attorney if he or she is still well. Another option is to transfer your parent's assets into a trust. If you choose either of these options, consider securing the assistance of an experienced estate planning attorney.
Article provided by Blustein, Shapiro, Rich & Barone, LLP
Visit us at http://www.mid-hudsonlaw.com
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