An incapacity plan puts legal documents in place that allow someone you trust to manage your finances and make medical decisions if illness, injury, or age ever leaves you unable to act for yourself. At Golden State Legacy Planning, PC, we help individuals and families in El Segundo, throughout Los Angeles County, and across California prepare personalized incapacity plans before they’re needed. Whether you’re planning ahead for yourself or a loved one, we’ll help you put the right legal documents in place so the people you trust can act according to your wishes.
A Thoughtful Approach to Incapacity Planning
No one expects to become unable to manage their financial or medical affairs, but planning ahead gives the people you trust the legal authority to step in if needed. We take the time to understand your family, your concerns, and who you want to make decisions on your behalf.
When planning for the unexpected, clients appreciate that we offer:
- Thoughtful, practical guidance. We help you prepare for the future with clear advice and documents that reflect your wishes.
- Planning centered on the people you trust. We help you choose the right decision-makers and clearly define the authority they should have.
- Spanish interpretation available. Planning for future medical and financial decisions is personal, and we want every conversation to be clear and comfortable.
- Guidance for everyday families. Incapacity planning is valuable for adults at every stage of life, not just those with significant assets.
- Direct access to your attorney. You’ll work directly with attorney Kylie M Tsudama throughout the planning process.
- Reviews as life changes. We can help keep your documents current as your family and circumstances evolve.
Why Put an Incapacity Plan in Place Now?
An incapacity plan allows you to decide who can act for you and what authority they’ll have while you’re still able to make those decisions yourself. Without the proper legal documents, your family may need to ask a California court to appoint someone to manage your finances or make medical decisions on your behalf.
These documents can also be helpful in situations that are temporary rather than permanent. If you’re hospitalized for an extended period, traveling abroad, incarcerated, on military leave, or otherwise unexpectedly unable to manage important financial or legal matters, having the appropriate legal authority in place may allow someone you trust to step in and act on your behalf when permitted by law.
What Documents Are Included in an Incapacity Plan?
A complete incapacity plan often includes:
- A durable financial power of attorney
- An Advance Health Care Directive (including your health care agent designation and living will instructions)
- HIPAA and Confidential Medical Information Act (CMIA) authorizations
- A revocable living trust, when appropriate
Together, these documents help ensure trusted people have the legal authority to manage your financial and medical affairs when needed.
How Does Incapacity Planning Help Parents of Minor Children?
If you have minor children, incapacity planning also means considering who would care for them if both parents became unable to do so. As part of your overall estate plan, you can nominate the person you would want the court to appoint as your children’s guardian. While the court ultimately makes that decision, expressing your wishes in advance provides important guidance.
What Authority Does a Durable Financial Power of Attorney Give?
A durable financial power of attorney allows you to appoint someone to handle financial and legal matters if you become incapacitated.
Depending on the authority you grant, your agent may be able to:
- Pay bills
- Manage bank and investment accounts
- Buy or sell property
- Handle insurance matters
- Sign legal and financial documents
A power of attorney can take effect immediately or only after incapacity, depending on how it’s drafted. We’ll help you choose the approach that best fits your circumstances.
What Is an Advance Health Care Directive?
An Advance Health Care Directive allows you to appoint someone to make medical decisions on your behalf if you cannot communicate your wishes. It also includes what many people know as a living will, allowing you to record your preferences regarding life-sustaining treatment and other medical decisions.
Should You Include a Revocable Living Trust?
A revocable living trust can also support incapacity planning. If trust assets need to be managed during your lifetime, your successor trustee can step in according to the terms of the trust. When appropriate, we’ll coordinate your trust with your other incapacity planning documents so they work together effectively.
Who Should You Choose as Your Agent?
Choosing your agent is one of the most important decisions in an incapacity plan. Your agent should be someone who:
- Understands your wishes
- Is willing to carry out your instructions
- Can make thoughtful decisions under pressure
- Is available when needed
You don’t have to name the same person for every role. Many people choose one person to manage financial matters and another to make medical decisions based on their strengths and availability.
When Should You Update Your Incapacity Planning Documents?
Your documents should be reviewed whenever your personal circumstances change.
Common reasons to update an incapacity plan include:
- Marriage or divorce
- The death or incapacity of a named agent
- A move to California
- Significant financial changes
- Changes in state law
Even without a major life event, reviewing your documents every few years helps ensure they continue to reflect your wishes.
Prepare Before a Crisis Happens
Having an incapacity plan in place means the people you trust can step in with clear legal authority if they’re ever needed. If you’re looking for an El Segundo incapacity planning attorney, Golden State Legacy Planning helps individuals and families throughout El Segundo, Los Angeles County, and California prepare for the unexpected with practical, personalized planning. Contact us today to schedule a consultation.
Frequently Asked Questions
Can my agent access my medical records without a separate HIPAA authorization?
Not always. While an Advance Health Care Directive gives your health care agent important decision-making authority, a separate HIPAA or Confidential Medical Information Act authorization can make it easier for designated individuals to access your medical information when needed.
Is a springing power of attorney better than one that takes effect immediately?
It depends on your goals. An immediate power of attorney allows your agent to act without delay, while a springing power of attorney generally becomes effective only after incapacity has been established. We’ll help you understand the advantages and tradeoffs of each option.
What if I don’t have anyone I feel comfortable naming as my agent?
If you don’t have a family member or friend who is the right choice, you may be able to appoint a professional fiduciary. We’ll discuss the available options and help you choose an arrangement that fits your circumstances.
Will my incapacity planning documents still be valid if I move?
They may be, but each state has its own laws regarding powers of attorney and health care directives. If you relocate, it’s a good idea to have your documents reviewed to determine whether updates are appropriate.