Hofri-Winogradow and Kaplan, ‘Property Transfers to Caregivers: A Comparative Analysis’

… In this Article, we examine approaches taken to property transfers to caregivers in US federal law, several US states, Israel, and the UK. We review the advantages and disadvantages of the principal mechanisms for compensating family caregivers: testamentary bequests by care recipients, an explicit salary paid by care recipients, public benefits payable to the caregiver or the care recipient, and tax incentives. We also mention a potential further avenue for family caregivers to access compensation: filing claims against the care recipient’s estate, using a variety of doctrinal bases. We show that the United States authorizes the payment of public benefits to family caregivers only in very restricted situations, the UK provides modest public benefits to many family caregivers, and Israel incentivizes the employment of non-family caregivers but will pay family caregivers indirectly when assistance from non-relatives is unavailable. All the jurisdictions examined rely on family caregivers working for free or being compensated by the care recipients. Based on our comparative review, we conclude that while a publicly funded solution to family caregivers’ plight may be impossible given today’s increasing lifespans and limited public tolerance for taxes, benefits for family caregivers clearly need to be expanded, at least in the United States …

Adam S Hofri-Winogradow and Richard L Kaplan, Property Transfers to Caregivers: A Comparative Analysis, 103 Iowa Law Review 1997 (2018).

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