Milpitas, CA estates & probate attorney Elijah Keyes discusses what legal documents you should have in place to protect your assets and ensure your wishes are followed in the event of incapacity or death. The fundamental documents required to preempt potential issues during one’s period of incapacity or after their passing encompass Powers of Attorney for decisions during life and a trust document for post-mortem management. During an individual’s lifetime, it is imperative to proactively address the possibility of a guardianship or conservatorship situation. These legal processes entail the appointment of a court-designated representative to make decisions on behalf of an individual who is unable to do so themselves. However, one can circumvent this court-driven process by executing a durable power of attorney and an Advanced Health Care directive.

Furthermore, when planning for the eventuality of one’s demise, it is essential to have mechanisms in place to ensure seamless decision-making while avoiding the complexities of the probate court system, if possible. Achieving this goal necessitates the establishment of a revocable living trust. Complementing this trust, a will plays a vital role, working in conjunction to facilitate the smooth transfer of assets according to the individual’s wishes.

Once these core documents are in order, it becomes important to consider the protection of other individuals. While the four aforementioned documents serve as the foundation for self-protection, additional tools and strategies may come into play when one’s aim is to safeguard the interests and well-being of others.