Estate Claim For Care Given To Senior Upheld In Recent Case

Estate Claim For Care Given To Senior Upheld In Recent Case

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Persons who provide residential care for aged family members may soon find that they incur significant costs while providing care for their loved one. Illinois law allows custodial guardians to make claims for reimbursement for lost employment and lifestyle opportunities and the emotional distress attributed to caring for a family member.

An Illinois court decision recently allowed a claim by a guardian for custodial care which was provided more than five years in the past. A husband and wife reportedly took the wifes mother into their home to care for her after her advanced Alzheimers disease made her unable to live by herself safely. The couple cared for the mother until her death nine and a half years later. After her will was admitted to probate, the court reported that the couple made a claim against the mothers estate for the expenses they incurred in caring for her. The court initially awarded them $100,000, but reduced it to $50,000 to account for guardianship fees that the couple had already been paid. The court also decided that only five of the nine years of care provided by the couple would be considered when determining their award due to application of a five year statute of limitations. A statute of limitations is basically a specific time period after provision of services during which the couple could make their claim for services or the claims for services prior to said time would be barred.

The potential application of a claimed five year statute of limitations was the issue decided by the appellate court. The decision of the lower court was reversed. The appellate court noted that the Probate Act merely required that the claimants care for the disabled person for at least three years before they were entitled to make a claim against that persons estate. Furthermore, the Court of Appeals held that the plain language of the Probate Act prevented the couples award from being reduced for guardianship fees already paid, as both guardianship fees and expenses of custodial care were recoverable under the Act.

The financial aspects of providing custodial care for a relative in their home is usually a secondary consideration for many people. However, it can also relieve some of the stress of taking a loved one into your home to know that you will be able to make a claim in their estate for the care you sacrificed to give them. The caregiver, the aged relative and the other heirs should be aware of the potential for a claim by the caregivers from the estate when deciding the most appropriate care for the individual.

This article is intended to present general information for educational purposes, is not legal advice and should not be relied upon in connection with any particular matter. The reader is advised to immediately retain their own separate legal counsel with respect to any specific legal issue. Rights to bring a claim will expire through the passage of time by the applicable statute of limitations.

About the Author:
Ralph E. Elliott practices law at Law Offices of Ralph E. Elliott, A Professional Corporation which is comprised of Attorneys in Freeport, Illinois who have over 34 years of experience including an Estate Planning, Elder Law, Business and Personal Injury Law practice. The firm is situated at 1005 W. Loras Drive, Freeport, IL 61032 which serves business, individuals and the agriculture community in Northwest Illinois.
Law Offices of Ralph E. Elliott, A Professional Corporation 2012.



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