Why bother with a Durable Power of Attorney?
If I become incapacitated, my spouse can take care of everything. Your spouse has the right to control only her undivided interest in the community property, not yours, and certainly not your separate property. Without a Durable Power of Attorney she will have to go to court and be appointed Guardian of your estate, post a bond for the value of your estate and file annual accountings of her administration of your estate. A power of attorney is only for those who have a chance of getting Alzheimers. How about those who have strokes, have an illness that requires powerful drugs or become incapacitated in home or car accidents? I have a power of attorney that was done for me ten years ago before I shipped overseas. It may not be a Durable Power of Attorney. If it is not, then the authority of the agent stops when you become incapacitated. I have a power of attorney that was done for me in Illinois before I moved here to be near my daughter. It may be effective under Illinois law, is it ef
