If you become incapacitated and you haven’t prepared a durable power of attorney for finances, a court proceeding for  guardianship  or conservatorship  is probably inescapable.  Your spouse, closest relatives or companion will have to ask a court for authority over at least some of your financial affairs.  Of course, this takes time… and money.  If you are married, your spouse has some authority over property you own together.  For example, he or she may pay bills from a joint bank account.  There are significant limits, however, on your spouse’s right to sell property owned by both of you.  If your relatives go to court to get someone appointed to manage your financial affairs, they must ask a judge to rule that you cannot take care of your own affairs and request that the judge appoint a conservator or guardian.  Again, this takes time… and money, unless you have a living trust in place.