Evidentiary presumptions of gratuitous labor from family caregivers, varying by state?
Many states have an evidentiary rebuttable presumption that services rendered to a family member are gratuitous in nature, so the care provider cannot recover. However, in states with such a presumption, these are not always hard and fast rules. In West Virginia, for instance, the presumption provides that state does not apply where parties, even though related by blood, are not living together as members of the same family. Does the presumption exist in Arizona and Illinois, and if so, what reasons have been indicated when the presumption is not imposed? Bonus: If there is an up-to-date, compiled list by state, it would be immensely helpful to all the family caregivers out there who provide indispensable care, but for some reason have been denied an express contract to be compensated for their commitment and sacrifice."
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