• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Home
  • Our Firm
    • Areas We Serve
      • Riverside County
        • Banning
        • Corona
        • Eastvale
        • Hemet
        • Menifee
        • Moreno Valley
        • Murrieta
        • Norco
        • Perris
        • Sun City
      • San Bernardino County
      • Orange County
      • Los Angeles County
      • San Diego County
    • Attorney and Staff Profiles
    • Our Reviews
    • Review Us
  • Elder Law
    • Conservatorships
    • Crisis Planning
    • Estate Planning for the Elderly and Chronically Ill
    • Planning for Long Term Medi-Cal
    • Planning for Veteran’s Aid and Attendance
  • Estate Planning
    • Advanced Estate Planning
      • Asset Protection Lawyer
      • Business Succession Planning
      • California Gun Trust
      • Charitable Planning & Philanthropy
      • Trustee Services
    • Estate Planning Service
    • LGBTQ+ Estate Planning
    • Married Couples Estate Planning
    • Persons with Large Retirement Accounts
    • Pet Planning
    • Special Needs Children
    • Special Needs Trusts
    • Trust Administration
    • Unmarried Couples Estate Planning
    • Unmarried Individuals Estate Planning
  • Probate
  • Will & Trust Contests
    • Conservatorship Contests
    • Probate Litigation
    • Tax Controversy and Tax Planning
    • Trust Litigation
    • Will Contests
  • Resources
    • Riverside, California Elder Law Resources
    • Docubank
    • Downloadable Handbooks
    • Elder Law
      • Elder Law Resources
    • Estate Planning, Elder Law and Tax Law Articles
    • Free Report – Able Account or Special Needs Trust
    • Free Report -Constructing Your Revocable Trust
    • Probate and Trust Administration
      • Bereavement Resources
    • Speaking Engagements
    • Useful Estate Planning, Elder Law and Tax Links
    • Webinars
  • Ask Dennis
  • Webinars
    • Webinar Recordings
    • Upcoming Webinars
  • Blog
  • Contact Us

Inland Empire Estate Planning Attorneys

Sandoval Legacy Group, a division of Holstrom, Block & Parke, a Professional Law Corporation

Connect with us today(855) 513-9876

Text Size A A A
LIVE WEBINARS REGISTER TODAY>>
Home » How to Use a Living Trust As an Incapacity Planning Tool

How to Use a Living Trust As an Incapacity Planning Tool

June 27, 2018Incapacity Planning

incapacity-planning

Most people focus on the possibility of their own death when they set out to create an estate plan. While you certainly should plan for that possibility in your estate plan, your plan should also contemplate the very real possibility of your own incapacity. You may think of incapacity as something you need only worry about as you get older; however, the reality is that incapacity can strike at any time. With that in mind, a California living trust attorney explains how a living trust can be used as an excellent incapacity planning tool.

Do I Really Need to Worry about Incapacity at My Age?

The simple answer to that question is a resounding “yes.” While it is true that age-related dementia caused by conditions such as Alzheimer’s certainly can cause incapacity, you could also suffer a period of incapacity at any age. A tragic car accident, a debilitating illness, or even a work-related injury could all result in your incapacity. In fact, a typical 35-year-old has a 24 percent, or one in four, chance of becoming disabled for 3 months or longer during his/her working career. That same worker has a 38 percent chance that if disabled, that disability will last for five years or longer.

Why Is Incapacity Planning So Crucial?

If you really stop to think about it, incapacity planning may be even more important than planning for your eventual death. After all, once you are gone you won’t need the assets you accumulated during your lifetime; however, the hope and belief are that a period of incapacity won’t last forever. When that incapacity ends, you will have to live with the decisions made by others during your incapacity. With that in mind, it should matter to you who controls your assets while you are incapacitated. Of even more important is who will make decisions relating to your health care if you are unable to make them yourself. If you do not make these decisions yourself prior to your own incapacity, a judge may be forced to make them for you. Worse still, your family and loved ones may end up in a contentious and divisive court battle over the right to control your assets and/or make health care decisions for you. The only way to avoid that possibility is to include incapacity planning in your comprehensive estate plan.

How Does a Living Trust Fit into My Incapacity Plan?

One common incapacity planning tool is a revocable living trust that can be used to transfer control of your assets to someone of your choosing in the event of your incapacity. As the Trustor (creator) of the trust, you have the ability to appoint yourself as the Trustee of the trust and appoint someone you wish to take over control of your assets during your incapacity as the Successor Trustee. Once the trust has been established you transfer all major assets into the trust. As long as you are capable, you control and manage those assets as the Trustee of the trust. If you become incapacitated, your designated successor Trustee takes over management of the trust assets until you are able to resume as the Trustee. Because the trust is a revocable trust, you are also able to modify the trust easily as well as move assets in and out of the trust with ease. You can even create your own definition of “incapacity” or create your own qualification for determining that you are incapacitated. Finally, you can also include instructions on how to distribute the trust assets after your death if you wish to do so, making the trust a dual purpose estate planning tool.

Contact a Riverside Estate Planning Attorney

If you have additional questions or concerns regarding the use of a living trust as an incapacity planning tool, or about incapacity planning in general, contact an experienced living trust attorney at Sandoval Legacy Group, A Professional Law Corporation by calling (951) 888-1460 to schedule an appointment or by clicking here.

Have a question? Ask Dennis.
















  • Author
  • Recent Posts
Dennis Sandoval
Dennis Sandoval
Dennis Sandoval is the only attorney in California who has certifications in the three areas of estate planning, elder law and taxation. In 2014, the National Academy of Elder Law Attorneys (NAELA) designated Dennis as a Fellow, an award given to less than 100 elder law attorneys across the United States. He received his Certified Estate Planning, Trust and Probate Law Specialist designation from the California Bar Board of Legal Specialization in 1998 and his Certified Taxation Law Specialist designation in 2000 from the same organization. He is a Certified Elder Law Attorney (CELA), a designation he proudly received in 2004 after meeting all the requirements established by the National Elder Law Foundation (NELF) and the American Bar Association. Dennis has also holds the designation as an Accredited Estate Planner® (AEP) from the National Association of Estate Planners and Councils.
Dennis Sandoval
Latest posts by Dennis Sandoval (see all)
  • 5 Reasons to Hire a Lawyer to Help You Probate an Estate - June 23, 2021
  • How Do I Become My Father’s Guardian? - June 26, 2020
  • 5 Steps for an Executor to Take Control As Soon As Possible - June 26, 2020

Other Articles You May Find Useful

Southern California Estate Planning Attorneys
A Guide To Finding A Caregiver
Southern California Estate Planning Attorneys
Are There Alternatives for Managing Property When Someone becomes Incapacitated?
Southern California Estate Planning Attorneys
Riverside Estate Planning Attorney and Certified Financial Planner Discuss Financing Long Term Care
Southern California Estate Planning Attorneys
Former First Lady’s End of Life Decision Brings Attention to Comfort Care
Riverside Probate Lawyers Explain Options
elder law lawyers
Elder Law Lawyers Preserve Legacies

About Dennis Sandoval

Dennis Sandoval is the only attorney in California who has certifications in the three areas of estate planning, elder law and taxation. In 2014, the National Academy of Elder Law Attorneys (NAELA) designated Dennis as a Fellow, an award given to less than 100 elder law attorneys across the United States. He received his Certified Estate Planning, Trust and Probate Law Specialist designation from the California Bar Board of Legal Specialization in 1998 and his Certified Taxation Law Specialist designation in 2000 from the same organization. He is a Certified Elder Law Attorney (CELA), a designation he proudly received in 2004 after meeting all the requirements established by the National Elder Law Foundation (NELF) and the American Bar Association. Dennis has also holds the designation as an Accredited Estate Planner® (AEP) from the National Association of Estate Planners and Councils.

VIEW RECORDED WEBINARS

“How To Create a Peace of Mind Out of Chaos” Recorded Wednesday, September 16 @ 11AM WATCH NOW

Inland Empire Estate Planning Attorney

Inland Empire Estate Planning Attorney

BLOG SUBSCRIPTION

  • This field is for validation purposes and should be left unchanged.

Follow Us

  • Facebook
  • Instagram
  • LinkedIn
  • RSS
  • YouTube

Where We Are

Sandoval Legacy Group, A Professional Law Corporation

See Larger Map Get Directions

Office Hours

Monday8:00 AM - 5:00 PM
Tuesday8:00 AM - 5:00 PM
Wednesday8:00 AM - 5:00 PM
Thursday8:00 AM - 5:00 PM

Friday by appointment only

Map

4300 Latham St., Riverside, CA 92501
SLG Riverside Office | 4300 Latham St., Riverside, CA 92501  •  Corona | 1897 California Ave., Ste. 102, Corona, CA 92881  •  Newport Beach | 4940 Campus Dr., Ste. A, Newport Beach, CA 92660  •  Temecula | 40810 County Center Drive, Ste. 150, Temecula, CA 92591  •  Riverside | 3780 12th Street, Riverside, CA 92501  •  San Diego | 3110 Camino Del Rio S., Ste. 308, San Diego, CA 92108  •  Vista | 380 S. Melrose Dr., Ste. 347, Vista, CA 92083

  • Disclaimer
  • Privacy Policy
  • Sitemap
  • Contact Us

Connect To Us

  • Facebook
  • LinkedIn
  • RSS
  • Twitter
  • YouTube
footer-logo

© 2023 Sandoval Legacy Group
A division of Holstrom, Block & Parke,
A Professional Law Corporation.
All Rights Reserved.