You need such a written power of attorney in the event you become physically or mentally disabled, incapacitated, and unable to attend to important personal and business affairs. If you do not have a power of attorney, and you become disabled, no one, not even your spouse, has the power to legally act for you. This requires your spouse or children to petition Disability Court, requires your mental and physical examination, and a jury trial to determine whether you are completely or partially disabled. Necessarily, this proceeding involves great expense, inconvenience, and sometimes unpleasantness.

Estate Planning is a highly complicated subject which should be attempted by you only in consultation with your attorney. Prior to consulting with your estate planning attorney, you should locate and organize a current financial statement, income tax returns for three immediate prior years, gift tax returns, divorce decrees, business agreements, partnership agreements, and any existing wills and trusts. This and additional information will be necessary for your estate planner to efficiently plan for accommodating your dispositive wishes as well as maximizing tax savings.

There are multiple complex technical rules regarding the execution of wills and trusts. The lay person who attempts to draft an estate plan does so at his or her peril.