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.