By planning ahead and creating an incapacity plan you can:

  • Avoid a potential conservatorship which is also known as a living probate
  • Ensure your spouse or nominated agent can handle your financial affairs
  • Write out your health care wishes and select someone to carry them out on your behalf
  • Allow your chosen fiduciary to do Medi-Cal benefits planning for long term care on your behalf

The main incapacity planning tools are: a Living Trust, Advance Health Care Directive and Power of Attorney. A Will or Pay On Death (POD) beneficiary accounts do not constitute an incapacity plan, as they only become active upon your death.