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  • Writer's pictureLinda Varga

Can a Caregiver Be a Beneficiary of a Will in California?

Can a Caregiver Be a Beneficiary of a Will in California?

In California, the role of caregivers is essential, often providing critical support and companionship to individuals in need. Given the close relationships that can develop between caregivers and those they care for, it is not uncommon for caregivers to be named beneficiaries in their employer’s will. However, this situation can raise questions and concerns, particularly regarding potential undue influence and the legal implications. Here’s what you need to know about caregivers being beneficiaries of a will in California.

Legal Framework and Considerations

In California, it is legally possible for a caregiver to be named as a beneficiary in a will. However, there are specific legal provisions and safeguards in place to prevent undue influence and ensure that the will reflects the true intentions of the testator (the person making the will).

1. Undue Influence and Presumption of Invalidity

California law recognizes that caregivers can be in a position of power and influence over those they care for, which can potentially lead to undue influence. To address this, California Probate Code Section 21380 establishes a presumption that certain gifts to caregivers are the result of undue influence and are therefore invalid. This presumption applies if the caregiver is a “care custodian” of a dependent adult.

Exceptions to the Presumption

There are exceptions to this presumption:

  • Family Members: If the caregiver is also a family member of the testator, the presumption of undue influence does not automatically apply.

  • Independent Counsel: If the will is reviewed by an independent attorney who counsels the testator outside the presence of the caregiver and confirms that the bequest is not the result of undue influence, the presumption can be overcome.

2. Dependent Adults

The law specifically addresses gifts to caregivers of dependent adults. A dependent adult is defined as a person who is unable to provide for their personal needs or manage their finances due to physical or mental conditions. If the testator is a dependent adult and names their caregiver as a beneficiary, the presumption of undue influence is particularly relevant.

Steps to Ensure Validity of the Bequest

To ensure that a bequest to a caregiver is valid and reflects the true intentions of the testator, certain steps can be taken:

  1. Independent Attorney Review: Engaging an independent attorney to review the will and counsel the testator can help overcome the presumption of undue influence. The attorney can document that the decision to include the caregiver as a beneficiary was made freely and without coercion.

  2. Clear Documentation: The testator should clearly document their reasons for including the caregiver as a beneficiary. This can include written statements or affidavits that explain the relationship and the reasons for the bequest.

  3. Witnesses: Having credible witnesses who can attest to the testator’s mental state and independence at the time the will was executed can provide additional support for the validity of the bequest.

  4. Regular Reviews: Regularly reviewing and updating the will can help demonstrate the testator’s ongoing intention to include the caregiver as a beneficiary, reducing the likelihood of successful challenges based on undue influence.

Potential Challenges and Disputes

Even with these safeguards, bequests to caregivers can still be subject to challenges from other beneficiaries or family members. Common grounds for contesting such bequests include:

  • Allegations of Undue Influence: Arguing that the caregiver used their position to manipulate the testator.

  • Lack of Testamentary Capacity: Claiming that the testator lacked the mental capacity to make a valid will.

  • Fraud or Duress: Alleging that the will was executed under fraudulent circumstances or coercion.


While it is legally permissible for a caregiver to be a beneficiary of a will in California, this situation is subject to scrutiny to prevent undue influence and ensure that the testator’s true intentions are honored. By taking proactive steps such as engaging an independent attorney, clearly documenting the reasons for the bequest, and having credible witnesses, testators can help ensure that their wishes are respected and that the bequest to their caregiver is upheld. As always, seeking professional legal advice is crucial to navigate these complex issues effectively.



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