Can a family member demand payment for giving 24 hour care, if that family member said they were doing it out of love?

About 4 months later and invoice was sent after the ill family member passed away. There was no contract and no understanding of payment; she wasn’t working at the time and had no residents and moved in with the sick family member.

Asked on February 16, 2016 under Estate Planning, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, they can *not* do so after the fact, since there was no agreement to pay her for the care. Obviously, she could have negotiated this upfront, and if there had been an agreement, it would be unenforceable; but she cannot volunteer her services, then retroactively claim compensation for them.


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