It is common for a family caregiver, whether an adult child, a friend, or a hired aide, to also be named in a will or trust. Florida law does not forbid this. But when a caregiver is closely involved in preparing or storing an estate plan, other beneficiaries may later question whether the gift reflects the client’s true wishes. Understanding how these disputes arise and what steps can reduce the risk of a challenge helps protect both the client’s intentions and the caregiver.
Why Caregiver Gifts Draw Extra Scrutiny
A confidential relationship, one where a person trusts and relies on another, can exist between a client and caregiver, whether the arrangement is formal or informal. Florida courts examine whether the caregiver was actively involved in procuring the document.
Relevant facts include whether:
- Caregiver was present when the will was signed
- Recommended the attorney
- Knew the plan’s contents beforehand
- Kept the original after execution
Florida appellate courts have recognized that a close parent-child relationship, routine assistance, and transportation are not enough by themselves to prove undue influence when the conduct is consistent with a dutiful adult child helping an aging parent.
What Florida Law Requires and Allows
A valid will requires a testator of sound mind who signs in front of two witnesses. A will or trust provision can be voided if procured through fraud, duress, mistake, or undue influence, and in a contest, the burden can shift once a presumption of undue influence applies.
Florida also gives little weight to no-contest clauses; a provision meant to penalize someone for challenging a will or trust is generally unenforceable. Where a caregiver also controls an elderly or disabled client’s funds or documents, the concern can extend into Florida’s elder exploitation statute.
Build Safeguards Into the Plan
Clients who want to leave assets to a caregiver can take practical steps to help the plan withstand later questions. These may include:
- Meeting privately with an attorney
- Documenting the reasons for the gift
- Using neutral witnesses
- Keeping caregiving compensation separate from inheritance
- Considering a neutral trustee or personal representative when appropriate
At Wickersham & Bowers, we help Florida clients think through these details, so their estate plan reflects their actual intentions and holds up to later scrutiny. If you are weighing how to include a caregiver in your estate plan, call us at 386-252-3000 or contact us to schedule a conversation.
