USA – CALIFORNIA Law and Practice Contributed by: Jennifer Jordan McCall, Matthew Perotti, Maria Williams and Alexandria Marx, Pillsbury Winthrop Shaw Pittman LLP
This procedure occurs annually thereafter. The court will consistently review if less restrictive alternatives or terminating the conservatorship is appropriate. The court, on its own motion or by request of inter - ested parties, may schedule a hearing or request an accounting for further review. A spouse ceases to have standing to bring a conservatorship proceeding if a divorce is pending. This mitigates against the risk of the conservatorship proceeding being used as an offensive weapon in a divorce, where the moving party wishes to gain control of the other person’s property or “personal protection” for their own benefit, rather than for the benefit of the proposed conservatee. 8.3 Planning for Incapacity In practice, a California incapacity plan typically includes a funded revocable trust, durable financial power of attorney, advance healthcare directive, HIPAA authorisation, conservator nomination, and updated beneficiary designations. • A revocable trust is commonly used to allow a suc - cessor trustee to manage trust assets if the settlor becomes incapacitated, avoiding or reducing the need for court intervention. Because a trustee can act only over trust assets, the trust is usually paired with a financial power of attorney. • A durable power of attorney authorises an agent to handle financial and property matters. In Califor - nia, a power of attorney is durable if it states that it is not affected by the principal’s later incapacity, becomes effective upon incapacity, or uses similar language. Powers may be immediately effective or springing, but immediately effective powers are often preferred in practice to avoid delays in prov - ing incapacity. • An advance healthcare directive allows an individ - ual to give healthcare instructions and appoint an agent for medical decisions. California’s statutory form permits both functions and may also address organ donation and designation of a primary physi - cian. California also permits an advance directive to nominate a conservator if protective proceed - ings later become necessary. • If planning documents are unavailable or inade - quate, a conservatorship may be required. Cali - fornia allows a proposed conservatee to nominate a conservator in a signed writing, and the court
generally appoints the nominee unless doing so is not in the proposed conservatee’s best interests. For 2026 California planning, practitioners should also account for less restrictive alternatives, including supported decision-making for adults with disabilities and older adults. California law recognises supported decision-making as a way for an adult with a disability to make life decisions with assistance while preserv - ing autonomy. 8.4 Elder Law California’s Department of Aging has set forth the Master Plan for Aging (MPA) initiative. One of the goals is entitled “Affording Aging”. California is cur - rently analysing the impact of job loss on older work - ers’ employment, retirement, and health. Additionally, the state has implemented CalSavers, a state spon - sored retirement plan, to help employees prepare for the future. MPA has also invested in programmes to address issues of hunger and homelessness among aging adults. The presence of an initiative displays that financial preparation for longer lives is topical and will continue to be addressed. 9. Planning for Non-Traditional Families 9.1 Children For purposes of intestate succession, a parent-child relationship exists if that child is: • a natural child; or • an adopted child. Adopted Children Adoption severs the relationship between an adopted person and their natural parents unless: • the natural parent and adopted person lived together as parent and child, or the natural parent was married to or cohabitating with the other natu - ral parent at the time the person was conceived and died before the person’s birth; and • the adoption was by the spouse of either natural parents or after the death of either natural parent.
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