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. He states that the essential legal documents needed to prevent complications at incapacity or death include Powers of Attorney during life and a trust document at death. During a person’s lifetime, the goal is to avoid the possibility of a guardianship or conservatorship, where a court appoints someone else to make decisions if the individual is unable to do so. This can be prevented by establishing a durable power of attorney and an advance health care directive.

At death, it becomes equally important to have measures in place to both appoint decision-makers and minimize the likelihood of probate court involvement. This is typically accomplished through a revocable living trust. Alongside the trust, a will is also necessary, as the two documents work together to ensure assets are properly transferred.

He emphasizes that these four documents—the durable power of attorney, advance health care directive, revocable living trust, and will—form the foundation for protecting oneself. Beyond these, additional tools may be applied when the goal extends to protecting other individuals.