When people think about estate planning, they often focus only on what happens after they die. But just as important is planning for what might happen while you’re still alive but unable to make decisions for yourself—whether due to an illness, injury, or cognitive decline.

Without the right legal documents in place, loved ones may need to turn to the court system to be granted the authority to manage your financial and legal affairs. This process, known as conservatorship (or guardianship in some states), is often time-consuming, costly, and emotionally difficult for families.

What Is a Conservatorship?

A conservatorship is a legal proceeding in which a court appoints someone to manage the financial matters of an incapacitated adult. The person appointed—called a conservator—has legal authority over the individual’s finances and property. The process usually involves:

• A formal court petition
• Medical evidence of incapacity
• A hearing before a judge
• Ongoing court oversight, including required filings

While courts are careful to ensure the individual is protected, these proceedings are public and can take months, during which time critical financial decisions may be delayed.

A Real-World Example: The Jay Leno Case

Earlier this year, comedian Jay Leno filed a petition in California court to be appointed conservator of his wife’s estate after she was diagnosed with dementia. His goal was to ensure that she would be financially protected if something happened to him. Even in this high-profile case, it took several months of legal filings and court approval before the conservatorship was granted. This example underscores a key lesson: even spouses don’t automatically have authority to act for one another during incapacity—unless the right documents are already in place.

The Documents That Can Help You Avoid Court

The good news is that much of this can be avoided with a proper estate plan. The key tools include:

• Financial Power of Attorney: Gives someone you trust the ability to manage your financial affairs if you become unable to do so.
• Advance Medical Directive or Healthcare Power of Attorney: Allows someone to make medical decisions for you.
• Revocable Living Trust: Can help you manage assets during your lifetime and ensure a seamless transition if you become incapacitated or pass away.

Had these tools been created in advance in the Leno case—or in countless less-publicized situations—court involvement may not have been necessary.

Why It Matters for Everyone

While high-profile cases get attention, this is an issue that affects everyday families all the time. When no plan exists:

• Courts decide who is appointed to manage your affairs
• Disagreements among family members can become public and adversarial
• The process can be slow and expensive
• Someone you would not have chosen may end up in charge of your finances or care

Proactive Planning = Peace of Mind

Whether you are starting your estate plan from scratch or updating documents created years ago, taking steps now can protect you and your loved ones from unnecessary hardship in the future.

At Davis Law Group, we can help you:

• Create powers of attorney and trusts that reflect your wishes
• Ensure your spouse or family can step in without court involvement
• Navigate the legal process if a loved one has already lost capacity

Don’t wait until a crisis forces your hand. Contact us today to start building a plan that works for you now—and in the future.