I had clients, a husband and wife, whom I represented in a large business case.  While the case was pending, when there was a chance to settle the case, both clients became unavailable due to health reasons.  If they had planned ahead and executed a durable power of attorney, one of their children could have stepped in.  Failure to have the power of attorney resulted in significant avoidable problems.  Moral to the story – get a durable power of attorney done. If you make your spouse your agent, make sure you also appoint an alternate.