Death is not the only failure mode, and not the most common one. Incapacity is more frequent and legally more awkward, because you remain alive and remain the owner. A RUFADAA-compliant durable power of attorney must explicitly grant digital-asset authority; a “springing” power that activates only on a formal capacity determination buys privacy at the cost of delay, exactly when speed matters. The cleaner instrument is the revocable living trust (section “Revocable Living Trust”) with a named successor or co-trustee and a precise definition of incapacity — typically written certification by two physicians — so control passes without a court conservatorship. Remember the funding limit: a trust governs only what is titled into it, and you cannot “title” a self-custodied wallet into a trust the way you re-deed a house. What the trust can hold is a memorandum describing where the keys are and how to assemble them.