Estate Planning Is Also About Protecting You While You’re Alive

When people hear “estate planning,” they often think about who will inherit their home, savings, or personal belongings. But an estate plan also addresses an equally important question: Who will help you if you are alive but unable to make decisions for yourself?

An accident or serious illness can leave someone unable to manage finances or communicate medical wishes. Planning ahead gives trusted people guidance and legal authority to help.

For California families, two important documents are a durable power of attorney for finances and an advance health care directive.

Keeping Your Financial Life Moving

Imagine being hospitalized after an accident. Your mortgage, utilities, insurance premiums, and other bills still need to be paid.

A financial power of attorney allows you to appoint someone, called your agent or attorney-in-fact, to handle financial matters within the authority you grant. Depending on the document, that may include managing accounts, paying bills, and handling property transactions.

The word “durable” matters. Under California Probate Code section 4124, a properly drafted durable power of attorney remains effective despite your later incapacity, or can become effective upon incapacity. When the authority begins depends on the document’s terms.

Choose someone you trust to manage money responsibly and act in your interests. Naming a backup is also worth considering.

Making Your Health Care Wishes Known

An advance health care directive addresses medical decisions. It allows you to name a health care agent and record your treatment preferences, including wishes about life-sustaining treatment, comfort care, and organ donation.

Your financial agent and health care agent can be different people. Someone who is excellent at managing finances may not be the person best suited to discuss treatment options with your doctors. California’s Attorney General recommends discussing your wishes with your chosen agent and identifying alternates.

California law also provides ways for a health care provider to select a surrogate when a patient lacks capacity and has no legally recognized decision-maker. However, preparing a directive lets you express your own choices in advance rather than leaving that selection to others.

A Real California Family’s Experience

In 1993, Robert Wendland suffered a severe brain injury in a truck accident. He eventually regained consciousness but remained profoundly disabled and dependent on artificial nutrition and hydration.

His wife, acting as his conservator, sought to withdraw that support. His mother and sister objected. Robert had not left formal health care instructions or appointed a health care agent, and the dispute reached the California Supreme Court.

In its 2001 decision, the court required clear and convincing evidence that withdrawal would reflect his wishes or serve his best interests under the circumstances. The court found the required showing had not been made.

For families planning today, the case illustrates how difficult decisions can become when loved ones disagree and there are no formal instructions. A directive cannot guarantee that disagreements will never occur, but it can provide a clearer record of your wishes and who you want to speak for you.

Make Your Plan Accessible

Signing documents is only part of the process. Talk with the people you appoint, give your health care agent and medical providers copies of your directive, and keep your documents somewhere accessible. Review them when your relationships, health, or preferences change.

Estate planning helps protect your wishes, your well-being, and the people who may need to care for you.

At Cassadas Legacy Planning, we help everyday families prepare for these decisions with thoughtful, practical estate plans.