As of January 1, 2023, California enacted laws to encourage “Supported Decision Making”.
The law recognizes that those living with dementia and intellectual disabilities know what they want and don’t need Courts to declare they are incompetent because their brains don’t work as well as an average person.
For our loved one’s living with dementia or other intellectual disabilities, this means that Wills, Trusts, Powers of Attorney for Finances, Advance Health Care Directives (The Five Wishes) are to be given preference by the court whenever the person can understand who their family is, what they own and express what they want. (Testamentary Capacity).
Therefore, it is important that we make sure our loved ones have the legal documents they need, because we really do want to keep them out of the messy, intrusive, expensive and occasionally corrupt Conservatorship Court.