Estate planning often involves preparing for the possibility that you may one day become unable to manage your own affairs. In California, a well-crafted revocable living trust includes provisions for what happens if the person who created the trust (the settlor) becomes incapacitated. A key question is how to determine incapacity: Should your successor trustee be allowed to declare you incapacitated and take over without a doctor’s certification?

Incapacity can happen when you least expect it. In California, both a revocable living trust and a durable power of attorney (DPOA) can help avoid court involvement and ensure someone you trust can manage your affairs. But not all trusts include the right provisions for incapacity. This blog explains how these two tools work, their key differences, and why having both—properly drafted—is essential for a complete incapacity plan.

Special Needs Trusts help protect government benefits like SSI and Medi-Cal while supporting individuals with disabilities. This blog explores the critical responsibilities of trustees and the important role care managers play in ensuring the beneficiary’s financial security and overall well-being.

Starting April 1, 2025, California’s changed AB 2016 law brings significant changes to probate, especially for small estates and primary residences. This update simplifies the probate process, allowing estates with a primary residence under $750,000 to bypass court procedures. Learn how these changes affect estate planning and why it's still essential to have an estate plan in place to protect your assets and loved ones.