Most lawyers will help you plan for your possible incapacity. The conditions placed on the power will vary depending on your family and financial situation. That person would have a vested interest in keeping more of the money in the trust, even though you might need it to pay for, say, a better nursing home. Finally, in states where they are allowed, your lawyer will probably prepare and coordinate a living will or health care power of attorney with your living trust. In most cases, it works fine for a couple to use one living trust for all their shared property, whether in a community property state or common law state.
Most couples prefer to keep ownership of important assets shared.
Nor, in the event of marital discord, does one spouse have to worry that the other's trust owns their house. Such a joint marital trust will commonly provide that the property of the first spouse to die will go to his beneficiaries upon his death. Since most of his property will likely go to the surviving spouse, it winds up back in the living trust anyway, combined with her property. Remember that such a set-up transfers the property to the other spouse with no conditions of any kind. Also remember that in most states, divorce does not automatically invalidate a living trust.