Capacity is rarely lost all at once. It usually slips in pieces.
A forgotten bill. A confused conversation about Medicare. A solicitor who got through where they never would have a year ago. These are the moments families notice and then notice again. The work that meets this moment exists on a spectrum — from setting up a power of attorney while capacity is still intact, to protective intervention when an adult is already being financially exploited, to court-supervised conservatorship when the lighter tools are not enough.
When you'd come to us for this.
- A parent has had a memory diagnosis in the last few months. Capacity is still there for now, but the family wants to set up powers of attorney, identify who will be the trusted agent for finances and for healthcare, and review the trust before the window closes.
- An elder is showing signs of financial exploitation — a new "friend" who appears around mail day, a contractor who has been paid three times for the same repair, transfers to people the family does not recognize. Adult Protective Services has been called, or should be, and the family needs a professional who knows the reporting framework.
- A family wants the most-protective-but-least-restrictive arrangement rather than conservatorship if it can be avoided. We screen for Supported Decision-Making arrangements under AB 1663, well-drafted durable powers of attorney, and care agreements that work in practice.
- An adult with a developmental or psychiatric disability is aging into the period where a parent who has been their primary support is no longer able to be. The handoff has to happen deliberately. Our role can be the bridge.
What happens next.
1. The conversation. Most engagements start with a conversation that includes the elder where possible. We listen. We do not assume that because capacity has slipped in one area it has slipped everywhere — capacity is decision-specific in California law, and an adult who cannot manage a brokerage account may be perfectly capable of choosing where to live and with whom.
2. The document review. Existing trust. Existing durable power of attorney for finance. Existing advance health care directive. We read them; we identify gaps and out-of-date provisions; we make a written list of what is in place, what is missing, and what the family's estate-planning attorney should address.
3. The less-restrictive screen. Before any conversatorship conversation, California law requires the court to find that less restrictive alternatives have been considered. We do that screen first — for the family's sake, not for the court's. If a well-drafted DPOA solves the problem, that is the right answer. If Supported Decision-Making under AB 1663 fits, that is the right answer. Conservatorship is the last tool, not the first.
4. The protective work if needed. Where financial exploitation is in progress, the work shifts. Bank fraud-protection services. Address-of-record updates. Coordination with Adult Protective Services. Coordination with local law enforcement's financial-abuse unit. Civil remedies under Welfare & Institutions Code §15657.5 are considered when the loss is substantial.
5. The handoff plan. Whatever arrangement is right — a DPOA agent, an SDM-arrangement supporter, a conservator — the engagement closes with a written plan for who is doing what, in what order, by what date.
A note on mandated reporting.
Under California Welfare & Institutions Code §15630, professional fiduciaries are mandated reporters of suspected abuse, neglect, or financial exploitation of elders and dependent adults. We will explain this in the first conversation, before sensitive details are shared. It is not a deterrent — it is a protection — and it shapes how the early conversations go.
What this costs.
Capacity-planning and protective work is billed hourly. A typical document review and gap analysis runs three to eight hours. Sustained work where Continuum serves as DPOA agent or in a similar ongoing role is billed monthly against the hours actually worked.
Our hourly rate and the billing structure are disclosed in writing in the engagement letter, consistent with AB 1194 §6563. Engagements end cleanly when the work is done — no monthly minimums when the situation has stabilized.
Common questions.
How do we know whether a parent still has capacity to sign documents?
California measures capacity decision-by-decision, not as a global on-off state. The legal standard for executing a power of attorney is generally that the principal understands the nature and consequences of the document. Where capacity is in question, an evaluation by a neuropsychologist or a physician familiar with capacity assessment gives a defensible record. We can help arrange that.
What is Supported Decision-Making?
AB 1663 created a California framework — Supported Decision-Making — for adults who have some capacity but benefit from structured support from trusted helpers. It is an alternative to conservatorship, codified in 2022, that preserves the adult's legal autonomy while formalizing the help they get. Not every situation fits the SDM framework, but for adults with mild-to-moderate developmental disabilities or early-stage cognitive change, it is often a better answer than conservatorship.
Will Adult Protective Services help?
APS investigates reports of elder and dependent-adult abuse, including financial exploitation. They have limited enforcement power — they do not freeze accounts or arrest anyone — but they can document, coordinate with law enforcement, and connect the family with services. In San Diego County, APS is reached at (800) 510-2020. We coordinate with them when the situation warrants.
Trying to work out whether court involvement is even necessary? Our guide to power of attorney versus conservatorship in California explains why capacity and timing decide whether a family can stay with the lighter tools or whether the court has to step in.
Consultations are by appointment and held in strict confidence.
Or call 760-33-TRUST (760-338-7878) directly.
Discretion and confidentiality are fundamental to our practice. Information submitted through this form is kept private and used solely for purposes of communication regarding potential fiduciary services.
