The Rev. Raymond C. O’Brien, Professor Emeritus of Law, recently published an article in the University of Michigan Journal of Law Reform (56 U. Mich. J. L. Reform 345 (2023)). Fr. O’Brien’s publication, entitled “Private Caregiver Presumption For Elder Caregivers,” discusses the financial, social, and career impediments from which private caregivers suffer, on account of their dedicated commitment to their elderly clients, often parents. Gifts and inheritance benefits providing compensation to these caregivers is thwarted by complaints of elder financial abuse and undue influence. To address this inequity, the article argues in favor of the creation of a presumption grants private caregivers a means of economic redress.

Fr. O’Brien’s article is accessible at this link. Below is the first paragraph of its abstract.

Abstract

The percentage of older Americans increases each year, with a corresponding percentage increase of those considered the older old. Many older persons will develop chronic conditions, decreasing their ability to manage the activities of daily living and requiring many to move into assisted living facilities or group homes. When surveyed, a majority of people expressed that they wish to age in their own homes, and government programs are increasingly supportive of this option. This is a viable option for many if they have the assistance of private caregivers—who provide a vast array of support services—and essential person-to-person human contact during the last years of life. Not all caregivers are family; many are friends, partners, and former colleagues. Whether family or nonfamily, private caregivers often provide a recipient with self-sufficiency for many years, and for some until death.