Boca Raton, FL asked in Estate Planning, Elder Law and Probate for Puerto Rico

Q: What is the caregiver law that states the person who solely cared for family has a right to compensation from family?

Cared for grandparents for more than 10 years. Was the only one bc grandparents only son (my father) was deceased. My sister and I are the only “family” left. She never involved herself in helping or supporting in their care. I cared for them full time then I had to move in to care 24/7 till the day they both deceased. Now that inheritance has become the new focus, my sister is bullying me out of the house (broke in, change locks) sequestered my belongings and dumped the rest in the garage bc she claims that she wants to start construction on house ASAP and the last will and testament has not even been read yet. I had to obtain a cease and desist plus an order stating that I can enter the house whenever to obtain my belongings. In the process of all this an officer indicated that there is a caregiver law that may be applicable in regards to obtaining some compensation (for the sacrifice) and in his words “the lack of gratitude.” Please advise. Never wanted nor asked for the drama.

2 Lawyer Answers
Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
Answered
  • Estate Planning Lawyer
  • Carolina, PR
  • Licensed in Puerto Rico

A: Hello and thank you for using Justia. Care givers benéfits are available but only while the care giving is being given. No benéfits after death.

What you need to do is Probate the Estate and Testament. This wll assure your share of the Inheritance.

If you need additional information please feel free to contact me directly.

Jose M. Rivera Santos, Esq.
Jose M. Rivera Santos, Esq.
Answered
  • Probate Lawyer
  • Ponce, PR
  • Licensed in Puerto Rico

A: Greetings:

The concept and guidelines that gather the compensation of a care giver or a legal guardian or tutor are in the Puerto Rico Civil Code and some special laws for the elderly and family law specifics.

The compensation that this person can request or is entitled because of his/her active role on being a care giver or the elderly can be given only while the elderly are alive and are being taken care of.

What you have to start is a probate process and the reading of the last will and testament as soon as possible. In this process the court will evaluate the inheritance and every other est5ate issue or detail that has to be resolved.

Any action in contrary can have legal repercussions.

If you have any other questions feel free to contact us directly and we will be glad to be at your service.

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