San Diego Guardianship Planning Attorneys

Ensure Your Voice Is Heard — Even When You Cannot Speak for Yourself

Incapacity can happen at any age and without warning. If you are injured in an accident, diagnosed with a serious illness, or simply become unable to communicate your wishes, critical decisions about your medical care and finances will fall to someone else. The question is: who — and will they know what you want?

At Banker’s Hill Law Firm, our San Diego estate planning attorneys help individuals and families put the right legal documents in place so that trusted people — not courts or strangers — are empowered to act in accordance with your values and wishes.

Essential Incapacity Planning Documents

Durable Power of Attorney for Finances

A durable power of attorney (DPOA) for finances designates a trusted individual — your agent — to manage your financial affairs if you become incapacitated. This can include paying bills, managing investments, filing taxes, handling real estate transactions, and more. The “durable” designation means it remains in effect even if you lose mental capacity.

Advance Healthcare Directive

California’s advance healthcare directive combines two functions: a healthcare power of attorney, which designates someone to make medical decisions on your behalf, and a living will, which records your wishes regarding end-of-life care, life-sustaining treatment, organ donation, and other medical preferences. A clear directive can spare your family from agonizing decisions during an already difficult time.

HIPAA Authorization

A HIPAA authorization allows designated individuals to receive information about your medical condition from healthcare providers. Without this, doctors may be unable to discuss your health status even with your closest family members.

Physician Orders for Life-Sustaining Treatment (POLST)

For individuals with serious illness or advanced age, a POLST translates your healthcare wishes into specific medical orders. Unlike an advance directive, a POLST must be signed by a physician. We advise whether a POLST is appropriate for your situation.

Why These Documents Matter at Every Age

Many people mistakenly believe powers of attorney and healthcare directives are only for the elderly. Every adult over 18 should have these documents in place. Without them:

A spouse may not automatically have legal authority to manage your finances
Your family may be forced to petition the probate court for a conservatorship — expensive, slow, and public
Medical providers may be unable to follow your wishes if you cannot express them
Disagreements among family members about your care can escalate into legal disputes

How Our San Diego Estate Planning Attorneys Work With You

Free Consultation

We discuss your family situation, your values regarding medical care, and who you trust as your financial and healthcare agents — so every document reflects your actual wishes.

Document Preparation

We draft your durable power of attorney, advance healthcare directive, HIPAA authorization, and any other incapacity planning documents tailored to your specific wishes.

Review and Explanation

We walk through every document with you in detail — explaining what each provision means, what authority it grants, and what happens in various scenarios.

Proper Execution

We coordinate the proper signing, witnessing, and notarization of your documents in accordance with California law to ensure they are legally valid and enforceable.

Storage and Accessibility Guidance

We advise you on how to store your documents and ensure your agents know where to find them when needed — so they can act quickly when the time comes.

Frequently Asked Questions: Powers of Attorney in San Diego

Not necessarily. California law does not automatically grant spouses authority to manage each other’s financial accounts, sell property, or make all healthcare decisions in the event of incapacity. Without a properly executed durable power of attorney and advance healthcare directive, a court conservatorship may be required — even between spouses.

A non-durable power of attorney terminates automatically if the principal loses mental capacity — the opposite of what most people intend. A durable power of attorney includes language indicating it remains in effect during incapacity. For incapacity planning, you always want a durable power of attorney.

Yes. A power of attorney can be broad — granting authority over virtually all financial matters — or limited to specific transactions. We will draft the document to reflect the scope of authority you are comfortable granting.

Yes. As long as you have legal capacity, you can revoke or amend these documents at any time. We recommend reviewing them after any major life change — divorce, death of a named agent, or significant health change.

We offer transparent, flat-fee pricing for incapacity planning documents, which can also be prepared as part of a comprehensive estate plan. Contact our office for a quote — there are no hidden fees and no surprises.

Contact Our San Diego Estate Planning Attorneys Today

If you are ready to takeProper incapacity planning costs a fraction of a court conservatorship — and provides far greater peace of mind. Contact our firm today for a free, confidential consultation.

Our estate planning attorneys offer a free initial consultation and flat-fee pricing for most engagements.

Call us today at (619) 230-0330 or contact our office online to schedule your confidential, no-cost consultation.