Bernard v. Foley

Opinion

WERDEGAR, J.

In this case we determine whether close personal friends of a dependent elder who at the end of her life provided her with personal care, including health care, are “care custodians” for the purposes of statutory provisions that presumptively disqualify care custodians as beneficiaries of testamentary transfers from dependent adults to whom they provide such services. (Prob. Code, §§ 21350, 21351, subd. (d) (hereafter section 21351(d)); Welf. & Inst. Code, § 15610.17, subd. (y).)1

We conclude that when an unrelated person renders substantial, ongoing health services to a…