Estate planning is not just about documents. It is about protecting the people we love and making sure important decisions are handled with clarity and care. If you have a parent, spouse, or close family member who has not addressed their legal planning, you might be wondering when to step in. Timing matters. Waiting too long can lead to court involvement, family tension, or unintended consequences.
Here are several signs it may be time to start the conversation.
They do not have legal documents in place
Every adult in California should have three core estate planning documents: a durable power of attorney, an advance health care directive, and either a will or a trust (or both). These provide legal authority to manage financial and medical decisions during incapacity, and they direct how assets are handled after death. If your loved one does not have these in place, they are vulnerable. Without them, family members may need to go to court for permission to help.
Their health is beginning to change
If you notice signs of memory loss, chronic illness, or general decline, do not wait. Once a person loses legal capacity, they can no longer make or change estate planning decisions. In California, capacity is a legal standard that must be met to sign valid documents. This is why it is important to plan while your loved one is still capable of expressing their wishes.
A major life event has occurred
Life moves quickly, and with it, circumstances change. The death of a spouse, a new marriage, the birth of a grandchild, or the sale of a home are all events that can affect an estate plan. Even seemingly small changes, like moving to a new address or opening a new bank account, can have legal implications if they are not reflected in the plan. Reviewing documents after these events helps keep everything aligned with the person’s current life and goals.
They are starting to rely on others
If your loved one is beginning to lean on you or other family members for help with bills, scheduling, or decision-making, that is a cue to get legal protections in place. A durable power of attorney allows someone to assist with finances, and a health care directive gives someone the ability to speak with doctors and make medical decisions when needed. These tools can prevent confusion and avoid court-supervised conservatorship.
There are concerns about long-term care
California’s Medi-Cal program can help cover the cost of long-term care, but qualifying without advance planning can be difficult. Many families believe they must spend down everything in order to receive help. That is not always true. Legal strategies exist that can preserve assets while meeting eligibility rules. The earlier the planning begins, the more options are available.
Their plan is outdated or incomplete
If your loved one completed a will or trust many years ago, it may no longer reflect their wishes. People change. Relationships shift. Laws evolve. In California, property ownership, tax rules, and probate thresholds have changed in recent years. An outdated plan may still be legally valid, but it might not function the way they expect. A review every few years helps keep everything in good order.
They are unsure or asking questions
When someone starts asking if their plan is current or says they are not sure who their executor is, that is the moment to step in. Offering help is not about taking over. It is about guiding them through decisions they may not want to make alone.
Moving forward
It can be difficult to start this conversation. But waiting rarely makes it easier. When the right time comes, offer to attend a meeting with them or help schedule an appointment. An experienced estate planning attorney can walk them through options and provide peace of mind that everything has been handled properly.
To set up a consultation, call DiDuca Ellingson, APC at (530) 343-3454 or visit diducalaw.com.