Unfortunately, many people end up dying or becoming incapacitated without legal wills to guide their families through a difficult time. Besides the emotional difficulty of estate planning, having a lack of resources to allocate is also a factor that stops many people from creating a will.
However, estate planning isn’t only for wealthy people. A legal draft of your final wishes includes the crucial information your loved ones need if you become unable to speak for yourself due to illness.
What happens if you become incapacitated without a will or trust in California?
When people discuss wills, they are often talking about two different kinds of documents. A traditional will is a legal document that contains your wishes for the division of your assets. A living will is a legal document that provides instructions for your health care if you should become too ill to oversee your own care.
There are several types of trusts, and they are used for different purposes. A revocable trust allows an individual to name someone other than themselves to manage their assets and or their healthcare if they become incapacitated. If the individual recovers, the responsibilities of the trustee are “revoked.”
As per California probate law, a person who loses capacity and has not prepared a will, living will, or trust may have their asset division and healthcare decisions made by the state.
The Risks of Not Completing Estate Planning
No one ever plans to lose their mental capacity, but it can happen at any age. A serious illness or accident could leave you unable to make sound decisions on behalf of yourself or your family. Not having the right legal documents in place could cause several unwanted outcomes.
A Surrogate Makes Your Medical Decisions
Your loved ones will already be in distress if you become incapacitated. They may not feel confident about making crucial healthcare decisions for you. If family members disagree about your care, it could lead to a bitter dispute.
Even so, someone will have to make your medical decisions. That someone could be a stranger. Without a legal directive, your surrogate might be a close friend or family member, but it might also be a court-appointed guardian or a physician.
Guardianship for Minor Children
Who will take care of your young children if you are unable to? You can name a guardian you trust in your will, but without a legal document, the court will have to make that decision.
The decision might not align with your values or could lead to a custody battle. Your children could even end up in foster care. Naming a guardian ensures they’ll be cared for by someone you trust
Potential Family Disputes
Your healthcare decisions aren’t the only things family members could disagree over. Who will live in your home, care for your pets, or oversee your finances while you’re hospitalized? These kinds of decisions can ignite conflict and strain relationships at a time when family members need one another’s support.
An Estate Planning Attorney Can Help
Working with an estate planning attorney will ensure loved ones know your wishes if you become incapacitated. Creating end-of-life plans can be difficult, but leaving your family without guidance during a distressing time can lead to more challenges. Having a will and trust in place will alleviate stress and protect your best interests if you can’t.
Heritage Legal, PC, in Palm Springs, CA, offers a free consultation for all estate planning services.