Diminished Capacity Planning/Elder Care

As clients age they rely more on their family, friends and care-takers for daily tasks and decisions. Who will pay the bills, manage the real estate and investments, and find the needed care-givers to assist the client in daily tasks? Where will the client live when, for reasons of health or finances or both, he or she cannot continue living in their home? An effective estate plan answers these questions by appointing the individuals with whom the client feels most comfortable as trusted agents to exercise legal powers on the client’s behalf. These powers are created in a number of important estate plan documents: A carefully designed durable power of attorney appoints a trusted agent to take over personal affairs and property management and make certain financial transactions to protect the estate according to the client’s wishes. A well thought out living trust will have a mechanism for a new trustee to step in to manage the residence and other living trust assets. A California advance health care directive will permit the health care agent to make medical and health care decisions for the principal. All three documents should express the client’s wishes as to the powers, limits and restrictions their agent will have in managing finances and property, arranging for care and assistance, and making health care decisions.

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Primuth & Driskell, LLP serves clients throughout Pasadena, La Canada Flintridge, South Pasadena, San Marino, Arcadia, Alhambra & Los Angeles.

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