The #1 Estate Planning Document Californians Need Most (It’s Not What You Think)

If you live in California and believe having a will is enough, you’re missing the document that could save your family from financial crisis during your lifetime: the California Durable Power of Attorney.

While your will handles matters after death, what happens if you become suddenly incapacitated from an accident, stroke, or illness? Without a properly drafted California Durable Power of Attorney, your loved ones face a nightmare scenario:

• Frozen bank accounts when bills and medical expenses need payment
• Lengthy court conservatorship proceedings (6+ months in Los Angeles County)
• Inability to manage your home, investments, or business
• Delayed medical decisions during critical moments

Three Critical Facts Every California Resident Should Know:

1. Marriage Doesn’t Grant Automatic Access
   Even spouses cannot automatically manage joint accounts or property without this document. Financial institutions often require it.
2. “Springing” vs. “Immediate” Provisions Matter
   California allows “springing” powers that activate only upon incapacity, offering privacy while alive and competent.
3. Digital Assets Need Explicit Authorization
   Modern California powers of attorney should specifically include access to digital accounts—something most older documents overlook.

Real Consequences We’ve Seen:
A client in Orange County had a stroke without a power of attorney. His wife spent 8 months and over $15,000 in conservatorship proceedings just to access their savings for his care. All preventable with one properly drafted document.

Your Next Steps in California:

1. Don’t use generic online forms—they often lack California-specific requirements
2. Choose your agent carefully—consider backup agents
3. Coordinate with healthcare directives—these work together
4. Review every 3-5 years—laws and institutions change

At Leeran S. Barzilai Law, we focus on California-specific estate planning that actually works when families need it most. Our documents address real-world scenarios with local court requirements in mind.

Free California-Specific Guide:
Download our “California Incapacity Planning Checklist” covering Durable Power of Attorney, Advance Healthcare Directives, and avoiding conservatorship.

📞 Schedule a 20-minute California estate planning review—learn what documents you actually need for complete protection.

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