Estate planning isn’t just about what happens after you pass away. It’s also about protecting yourself, and your loved ones, if you become unable to make decisions due to illness, injury, or cognitive decline. That’s where powers of attorney and advance directives come into play. In California, these tools are critical components of a comprehensive estate plan.
What Is Incapacity and Why Does It Matter?
Incapacity means you’re unable to make informed decisions about your finances, health care, or daily affairs. This might be temporary (such as during a medical emergency) or permanent (as with progressive illnesses like Alzheimer’s disease). Without legal tools in place, your family may need to go through the costly and time-consuming process of establishing a conservatorship to act on your behalf.
Durable Power of Attorney: Managing Finances and Legal Affairs
A durable power of attorney (DPOA) allows you to name a trusted person to handle financial and legal matters if you’re unable to do so yourself. This might include paying bills, managing investments, filing taxes, or running a business. Unlike a general power of attorney, a DPOA remains effective even if you lose capacity—making it an essential safeguard.
Advance Health Care Directive: Making Medical Wishes Clear
An advance health care directive combines a living will with a medical power of attorney. It allows you to outline your medical treatment preferences (such as whether to receive life-sustaining treatment) and to name a health care agent to make decisions on your behalf. In California, this document ensures that your healthcare choices are honored and that your loved ones aren’t left guessing during critical moments.
Why Early Planning Makes All the Difference
Planning for incapacity early means your voice is preserved, and your family is spared from making painful decisions without guidance. It also helps avoid potential family conflict and legal hurdles that could arise without proper documentation. With these tools in place, your chosen agents can step in immediately, without needing court approval.
To learn more about how these documents fit into your larger estate strategy, see our related article: How Often Should You Update Your Estate Plan?
A Thoughtful Approach to Peace of Mind
While no one likes to imagine becoming incapacitated, the reality is that unexpected events happen every day. Powers of attorney and advance directives are acts of care—for yourself and for those who may need to step in and support you.
Please do not hesitate to contact one of our experienced attorneys for legal advice. Call the trusted estate planning attorneys at Lowthorp, Richards, McMillan, Miller & Templeman at (805) 981-8555 or fill out our online contact form. We operate primarily in the Tri-Counties area – Ventura, Santa Barbara, and San Luis Obispo.