I'm not addressing the will aspect, its self explanatory and above my pay grade.
I do want to repeat, a lot stuff is dealt with before a will is in play, and it's an extremely stressed time for everyone involved as that time approaches..
A durable power of attorney fills the gap, and makes life easier for everyone, until the will comes into play.
If you become incapacitated, a power of attorney is no longer an option.
They are revocable, they are immediate, they are not cumbersome, and they are not costly, but you need a lawyer to set one up with his advice for your situation.
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You might be correct but personally I don't see much value in it when there is a spouse who is still a loving partner. If my wife was terminal I wouldn't suggest that she sign a power of attorney over to me. I just don't see the point. She could just as easily make her wishes known in other ways and skip the extra paperwork. But my law school diploma is 30 years old and I never practiced in this area so perhaps it would be on the list of questions to ask a lawyer. I do know that several of my older relatives have been told by lawyers that they need powers of attorney set up, they need trusts and they need living wills and they need other such stuff. In all cases these were just money grabs by the lawyers. If the estate is small and there is a living spouse who is still in good standing then things should go very smoothly. The main thing is to make sure that there is access to funds for at least 6 months and that all the paperwork is in order. (insurance, social security, pension, retirement accounts, bank accounts, saving bonds, contracts, loan guarantees, etc.)
For , other then what has already been mentioned:
1. Almost nobody in late stages of C think of everything 2. It it makes one task more efficient in the final stages, any of the paperwork involved in acquiring the document will seem minor 3. It the estate is small, the "Money Grab" aspect is no longer an issue 4. A durable power of Attorney can be conditional/timely as desired, it is not a one size fits all entity 5. There is a point of no return when making the decision to acquire a POA. 6. A POA is hardly contestable , vs trying to handle finances and prove you are a legal spouse and with all needed authority to conduct a transaction with a living spouse. 7. Lawyers make their money off of finding things that do not go "smoothly", that A POA helps prevent, but then I am not a lawyer, and likely am biased.
I'll now step aside from this suggestion at this point, as Stu has more important matters at hand.
Reality check, that half the population is smarter then 50% of the people and it's a constantly contested fact.
