Power of attorney ceases at death. It is only to benefit the living when one becomes unable to continue functioning. It is a good idea to sign a power of attorney while in good health and of sound mind should something happen to incapacitate the other. Otherwise, it is difficult to get court orders. If you prepare living wills, it will include a power of attorney clause regarding health issues. However, you still need a financial power of attorney as well. If you wish to avoid having your estate get tied up in probate, you can prepare a revocable trust if you have a large estate. If your estate is small, an easier way is to be sure all property, accounts, savings, automobiles, etc., are held in joint tenancy with full rights of survivorship to the surviving spouse. It should be worded as follows: Owners: Mary and/or John Doe With Full Rights of Survivorship. Hope that helps. Then, there is no need to probate it. It passes automatically outside of probate to the survivor.

Thx to everyone for input. I'll investigate.

Every state has its own laws on this stuff. P/A is typically used when a loved one becomes incapacitated; living wills are to establish one's intention not to be kept alive by extraordinary means once on life support. Each serves a different purpose. Each is a good thing to have just in case.

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(thousands more, too...)

Go to one of the legal help websites. I did this three years ago about my mohter. I paid about fifteen bucks via plastic and downloaded 1. Power of Attorney forms, and 2. Living Will forms (that specify not to use "heroic" measures to keep you alive if you are on life support - which can end up bankrupting you in medical charges.

Then Mom and I filled out the forms (several copies) and had our signatures witnessed by two neighbors. Then we went to a Notary Public and had them recorded/notarized. I put a copy of both in the hands of a relative, gave another to Mom's care center, and one to the bank where I have P.O.A. on her bank account. It's easy.

yes,Cindy is right.Steve will know.This is Looserobes.
If not do you have a lawyer?

Looserobes would know.