Legal Question in Wills and Trusts in California

Re: Physical or Mental Disability

It really depends on the nature of your assets and the relationship with your children. There are options; be it, powers of attorney, living trusts, etc.... The key is planning ahead so you avoid a conversatorship... or possibly planning to have a conservatorship in rare cases. Feel free to email me with more questions, [email protected]

Re: Physical or Mental Disability

If your estate is over $100,000.00 or has a piece of real property in it worth over $20,000.00 then you should get a family trust. If you do the other documents you need are: (durable) power of attorney for health care and durable power of attorney for asset management. Yes if you pick the wrong person(s) to give control of your life to it can be a problem. However, they can be discharged if you have your faculties. If you don't have your faculties, there is nothing you can do about it. Remember that you can name more than one person to each of these documents. So that might be of some help.

Re: Physical or Mental Disability

A limited power of attorney can work, but they are not as affective as a Living Trust. With a living trust, you make decisions BEFORE you become incapacitated, and the successor trustee can only do what he is allowed to do by the terms of the trust.

Everyone's situation is different, and I would highly recommend that you meet with an attorney who does estate planning to help you determine exactly what your goals are, and how best to achieve them.

I would be happy to help. You can call me at 925-924-0100.