It is a common misconception that most people feel that powers of attorney are meant for people who are seriously ill or much older. Most people are generally surprised when I tell them that I recommend powers of attorney for any person regardless of health or age – even if they just turned 18.
Here’s the reason why: No human being has any guarantee in this life that they will remain healthy and not lose capacity.
If an adult loses capacity and has not executed a power of attorney, their family members are unable to administer that adult’s property and estate and will be unable to make non-emergency medical decisions. The family will be forced to institute interdiction proceedings to get a court authority to administer property and make these decisions. Interdiction legal proceedings are expensive and take considerable time to complete.
Furthermore, the incapacitated adult would be unable to choose his or her curator. The curator appointed by the Court may be a person that the incapacitated adult did not want. Powers of attorney are a small fraction of the fees and costs of interdiction proceeds. Therefore, every adult – regardless of their health or age – needs to execute a durable power of attorney to prevent needless expense, headache, heartache, and unintended consequences.
If you need legal counsel to establish powers of attorney, reach out to Losavio & DeJean, LLC, The Louisiana Elder Law Firm for help. Call (800) 835-5864 or contact us online to learn more.