A Simple Incapacity Plan for Adults Who Want to Stay in Control
Life doesn’t give advance notice when something goes wrong. Incapacity planning in California allows you to choose who can make financial and medical decisions if you’re unable to do so yourself.
An accident. A sudden illness. An unexpected emergency.
If you’re unable to make decisions for yourself — even temporarily — someone needs legal authority to step in.
The WHEN Plan is designed for those moments.
W.H.E.N. stands for Wealth and Health Emergency Nomination — a focused incapacity plan that names the people you trust to handle financial and medical decisions when you can’t.
Who the WHEN Plan Is For
Not everyone needs a full trust-based estate plan — yet.
But every adult over 18 needs a plan for incapacity.
The WHEN Plan is a stand-alone option for adults who want to:
— Stay in control of financial and medical decisions
— Avoid court involvement during an emergency
— Clearly designate trusted decision-makers
— Put a smart safety net in place without overplanning
Why This Matters (Even If You’re Young)
Incapacity doesn’t only happen later in life.
If you can’t legally act — and you haven’t planned — no one automatically has authority to help you. That often leads to:
— Frozen bank accounts
— Delayed medical decisions
— Unnecessary court involvement
The WHEN Plan is designed to prevent those outcomes before they happen.
What the WHEN Plan Does — and What It Doesn’t
The WHEN Plan allows you to:
— Choose who manages your finances if you can’t
— Choose who makes medical decisions for you
— Authorize access to critical medical information
— Avoid unnecessary court involvement
The WHEN Plan does not:
— Distribute assets after death
— Replace a will or trust
— Address long-term inheritance planning
Instead, it answers one essential question:
Who is legally empowered to act for you WHEN you can’t?
What the WHEN Plan Includes
Durable Power of Attorney
Authorizes someone you trust to manage finances, pay bills, and work with institutions if you’re incapacitated.
Advance Health Care Directive
Names a health care decision-maker and documents your medical wishes.
HIPAA Authorization
Controls who can access your medical information so loved ones aren’t shut out during emergencies.
When the WHEN Plan Makes Sense
The WHEN Plan is often ideal for:
— Young adults and college students over 18
— Single individuals
— Adults early in their careers
— People without complex assets
— Adult children whose parents want to help in an emergency
Once a child turns 18, parents no longer have automatic legal authority — even in a crisis. The WHEN Plan restores clarity when help is needed most.
And as life changes, the WHEN Plan can often be incorporated into a broader estate plan later.
A Simple Step Toward Peace of Mind
You don’t need to plan for everything to plan for something important. The WHEN Plan provides clarity, control, and protection — for moments you hope never come, but want to be prepared for.
FAQs
No.
While the WHEN Plan includes important legal documents, it’s not a fill-in-the-blank package. Each plan is customized based on your situation, and you’ll receive guidance on how the plan works and when it matters.
If banks, hospitals, or other institutions push back, we’re here to help ensure your plan is respected.
Often, yes.
Once a child turns 18, parents no longer have automatic legal authority to access medical information or help manage finances — even in an emergency.
The WHEN Plan allows adult children to designate trusted decision-makers so parents or others can step in quickly when help is needed.
Want a Broader Estate Plan?
If you’re thinking beyond just this issue and want to understand how everything fits together, our educational resources are a great next step. At Bier Law, we believe in education first — not just paperwork.
That’s why we offer several ways to learn the fundamentals of estate planning, so you can choose the option that feels most comfortable for you.
On-Demand Webinar
Watch on your schedule and learn foundational estate planning concepts at your own pace.
Live In-Person Workshops
Learn directly from attorney Seth Bier and get your questions answered in real time.
Live Webinars
Participate virtually and interact during the session from the comfort of your home or desk.
After completing one of these educational options, you may choose to schedule a complimentary personal planning session with Seth to discuss your goals and next steps. This ensures every personal consultation is informed — so your time together is focused, efficient, and meaningful.
