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Introduced House Bill (H)

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Co-Authored by

DIGEST

Transfers to caregivers. Provides that a caregiver may not accept or receive one or more gifts from a senior consumer for whom the caregiver has assumed responsibility for all or a part of the care of the senior consumer who needs assistance with activities of daily living if the gift or gifts: (1) have an aggregate fair market value that exceeds $15,000; or (2) are real estate. Creates an exception for an immediate family member who resides with the senior consumer, if undue influence over the senior consumer is not used. Creates an exception for certain transfer instruments executed before Transfers to caregivers. Provides that a caregiver may not accept or receive one or more gifts from a senior consumer for whom the caregiver has assumed responsibility for all or a part of the care of the senior consumer who needs assistance with activities of daily living if the gift or gifts: (1) have an aggregate fair market value that exceeds $15,000; or (2) are real estate. Creates an exception for an immediate family member who resides with the senior consumer, if undue influence over the senior consumer is not used. Creates an exception for certain transfer instruments executed before the caregiver became the senior consumer's caregiver. Allows a court action to be brought against the caregiver for a violation. Requires the court to award court costs, reasonable attorney's fees, and other actual expenses of litigation if the senior consumer prevails in a court case. Removes the authority of a court to require to give security upon the filing of the complaint, on the appearance of any defendant, claimant, or other party, or at any later time. ... View more