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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
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Experience:  Licensed Texas General Practice Attorney
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the question is How are the people involved with the caring

Resolved Question:

the question is How are the people involved with the caring of this person rewarded, if something happens to the person they cared for, This is a horrible question I don't like asking it, But these people that cared for this person went above and beyond caring and these people are related to this person in a different manner. Do these people get something out of this for caring and taken this person in when others who their suppose to communicate on a day to day basis couldn't of cared less whether they were dead or alive.?
Submitted: 1 year ago.
Category: Family Law
Expert:  ScottyMacEsq replied 1 year ago.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

To the extent that the person cared for (the beneficiary) promises the caregiver remuneration in exchange for services, then that caregiver could have a claim against the estate. The reason is that this would be contractual in nature. It's also possible that if the caregiver is a court appointed guardian of the beneficiary in this situation, the court order could provide for reasonable fees for that individual.

ScottyMacEsq :

But in the absence of these situations, a gratuitous caregiver would have no claim against the estate or any compensation from the beneficiary.

ScottyMacEsq :

That is, if the caregiving was given without an understanding of compensation between the beneficiary and caregiver, even if the caregiver secretly hoped to receive something of value for that, it would not be legally actionable. Only a contract (an agreement to provide services in exchange for money) or some other designation by the beneficiary (such as in a last will) that the caregiver was to receive something would the caregiver actually have legal rights to pursue payment, regardless of the level of care that was given.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

ScottyMacEsq :

Did you have any other questions before you rate this answer?

ScottyMacEsq :

Are you there? Please note that I am still here, awaiting your response....

ScottyMacEsq :

Should I continue to await your response, or may I assist the other customers that are waiting? My apologies if you're typing a very long response, but I don't know if you're still there or if you've left your computer, etc.... If you are responding, please go ahead and hit "reply" so that I know you're there and know to stay...

Customer:

I am some what satisfied , but the matter is, is that this person who is being cared for is not in their rightful mind , they are a little off , some skizophirania, not major , you can still carry on a normal conversation with them all the time but they have their moments where they sit by themselves, sometimes no conversation at all, little stuff, like sneaky but not really doing any major harm. Their not a major threat to society , just little things that can be solved especially when they break things but don't admit it because of this mental disorder, I don't think they realize they broke it when they do, destroy it at the time . They probably think it was already done, and they need not to worry because it's not their property.This disorder goes back a longtime and there was nothing done about . The family notice this, but didn't care.

ScottyMacEsq :

Thank you. I see that you were typing a very long paragraph, which is why it took some time. Did you have any additional questions to help clear things up?

Customer:

No, Thank you anyway. Thank God there are people in this world that do care, that's all I have to say.

ScottyMacEsq :

I understand that you feel that you should get some remuneration for your work, and while a judge might agree that you should be paid for your work, that doesn't mean that you have a legal right to be paid. For instance, if you volunteer at a soup kitchen, working long, hard hours for years on end, that doesn't mean that you have a right to be paid, regardless of the effort that you put into your work, because it was gratuitous. Only if you had an agreement with them does it become contractual and then you could force them to pay you for your work. So if you have an agreement with this individual, when this individual is lucid, then you could make a claim against the estate should something happen to him.

ScottyMacEsq :

And I agree with you. There's no doubt that the work is important and should be compensated. But like that work with a soup kitchen, it doesn't necessarily entail a legal right to compensation. Only with a contractual agreement would that provide such a right.

ScottyMacEsq :

If there's nothing else, please rate this answer so that it will close out and allow me to assist the other customers that are waiting for responses to their questions. Please note that I don't get any credit for the time (~30 minutes) and effort that I spent on this answer unless and until you rate it a 3, 4, 5 (good or better). If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, XXXXX XXXXX luck to you!

Customer:

That is totally irrelevant considering , there's nothing in writing with this person's siblings or children either. I totally get the sop kitchen, I helped out with alot of them and of course , I didn't expect to get paid , I'd be doing it out of the kindness of my heart . I'm in the medical field and I love caring for people, but this is totally a different circumstance, The purpose of it all.Were not greedy people, but why should other people get rewarded when they don't have a care or caring bone in their body.

ScottyMacEsq :

I was merely trying to make an analogy. The point is that if it's not contractual, a court will consider it "gratuitous", and regardless of the level and quality of work done, it's not compensable in such a situation.

ScottyMacEsq :

And I agree that many people that should care for individuals and don't, don't deserve what they get as a matter of law.

ScottyMacEsq :

But for a caregiver to have a claim, there has to be a contractual relationship between them first. Otherwise it will be gratuitous.

Customer:

Thank you very much, I really appreciate your valuable time, I'll be seeing a Lawyer in the future , Thank you

ScottyMacEsq :

My pleasure. If there's nothing else, please rate this answer so that it will close out and allow me to assist the other customers that are waiting for responses to their questions. Please note that I don't get any credit for the time (~35 minutes) and effort that I spent on this answer unless and until you rate it a 3, 4, 5 (good or better). If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, XXXXX XXXXX luck to you!

ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 12230
Experience: Licensed Texas General Practice Attorney
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