Robinson v. Gutierrez

Summary

The court held that free room and board provided in exchange for care services constitutes "remuneration" under Probate Code section 21362, so the statutory exception for uncompensated caregivers with a prior personal relationship does not apply. Consequently, a donative transfer to a care custodian who received such noncash compensation is subject to the presumption of fraud or undue influence under section 21380, which the care custodian must rebut by clear and convincing evidence. The judgment was reversed and remanded for application of this standard.

Holdings

1. Free room and board in exchange for care services is remuneration for purposes of section 21362.
2. The presumption of fraud or undue influence under section 21380 may be rebutted only by clear and convincing evidence, not by a preponderance of the evidence.

Questions Presented

1. Whether free room and board provided in exchange for care services constitutes 'remuneration' under Probate Code section 21362, such that the service provider is a 'care custodian' subject to the presumption of fraud or undue influence under section 21380.

Disposition

reversed