CHAPTER 6
 

PROCEEDINGS INVOLVING
INCAPACITATED PERSONS
 
 
 
 

K.

 Avoidance of Incapacity Proceedings
     
In some cases, the need for a guardian may be avoided by proper planning. A person concerned about future capacity may execute a general power of attorney which, by statute, will survive the donor’s incapacity unless otherwise specifically provided. See PEF Code §5601.1. In addition, a person may transfer property to a trust with power in the trustee to manage the trust estate on the person’s behalf. Also, a testator or settlor should not transfer property to an incapacitated person. In such circumstances, property should be transferred into a trust with the trustee empowered to apply the income or principal for the incapacitated person’s benefit, rather than paying it to the incapacitated person.