Yes. Non-family caregivers may seek compensation after death if they provided services with the expectation that they would be paid. To obtain payment, a non-family caregiver can file a creditor’s claim against the decedent’s estate requesting compensation for services performed before the decedent’s death.
Claims by non-family caregivers are often easier to prove than those made by family members because courts are generally less likely to assume the services were provided voluntarily or out of family obligation.
However, courts may scrutinize situations where a non-family caregiver receives large payments or significant gifts through a will or trust. In some circumstances, the law may presume undue influence or other misconduct, particularly if the caregiver had a close, confidential caregiving relationship with the decedent.
In these cases, the caregiver may need to present evidence showing that the compensation or gift was made voluntarily and that the decedent had the capacity to make the decision.
