Articles & News

Can A Power Of Attorney Be Used To Avoid Guardianship In Louisiana?

Wed, 01 Jul 2026 21:17:25 GMT

No one wants to think about a time when they might be unable to make decisions for themselves. Yet, life is unpredictable.

A sudden illness, accident, or decline in mental capacity can leave families facing tough legal questions about who can step in and manage a loved one’s affairs. In Louisiana, two of the most common tools for handling these situations are the power of attorney and guardianship (also called interdiction in Louisiana law). Understanding how these two differ, and how one may help avoid the other, can make all the difference in planning for the future.

The Basics of a Power of Attorney in Louisiana

A power of attorney, or POA, is a legal document that allows you to appoint another person, called your agent or attorney-in-fact, to handle specific matters on your behalf. You can grant a POA for financial, medical, or personal decisions, and you can tailor it as broadly or narrowly as you like.

In Louisiana, many people choose to create a durable power of attorney, which remains valid even if you become incapacitated. This is an important feature because it allows your chosen agent to continue acting on your behalf without court involvement if you are no longer able to make decisions yourself.

What Is Guardianship (Interdiction)?

When someone becomes unable to manage their own affairs and has not executed a valid power of attorney, loved ones may need to petition the court for a guardianship, or interdiction, to protect that person’s welfare and property.

In an interdiction proceeding, the court determines whether the individual is incapable of caring for their person or managing their financial affairs. If the court finds that incapacity exists, it appoints a curator to make decisions on behalf of the interdicted person, who is referred to as the interdict. This process can be time-consuming, costly, and emotionally challenging for families. It also involves ongoing court oversight and periodic reporting requirements.

How a Power of Attorney Can Help Avoid Guardianship

A well-drafted durable power of attorney can often prevent the need for guardianship altogether. Because a POA allows someone you trust to step in and make decisions if you become incapacitated, there is usually no need for court intervention.

For example, if you suffer a stroke and cannot manage your bank accounts or pay bills, your agent under a durable financial power of attorney can immediately take action. Likewise, a medical power of attorney enables your agent to communicate with doctors and make treatment decisions according to your wishes.

This kind of planning gives you control over who will manage your affairs and reduces the emotional and financial burden on your loved ones. It also helps ensure that your preferences, not a court’s assumptions, guide your care and finances.

When a Power of Attorney May Not Be Enough

While a power of attorney is an excellent planning tool, it is not a perfect substitute for guardianship in every case. If a POA is too limited in scope, poorly drafted, or executed after questions of capacity arise, financial institutions or healthcare providers may reject it. In cases where no valid POA exists or where an agent abuses their authority, a court-ordered interdiction may still be necessary to protect the individual.

That is why it is critical to work with an experienced Louisiana estate planning attorney when preparing a power of attorney. A lawyer can ensure that your document meets all legal requirements under the Louisiana Civil Code and accurately reflects your intentions.

Take Control with Proper Planning

At Losavio & DeJean, LLC, we help individuals and families across Louisiana plan for life’s unexpected turns. Our attorneys can draft durable powers of attorney and other essential estate planning documents tailored to your unique needs. To learn more or schedule a consultation, contact Losavio & DeJean, LLC today.

Can An Attorney Help You Qualify For Medicaid Long-Term Care Benefits?

Wed, 01 Jul 2026 21:09:09 GMT

Elder law attorneys specialize in addressing the legal needs of seniors by providing comprehensive assistance in various aspects of their lives.

For instance, by working with an elder law attorney, individuals can develop comprehensive strategies to protect their assets, qualify for Medicaid long-term care benefits, and ensure financial stability for themselves and their loved ones as they age.

What Is Medicaid?

Medicaid is a healthcare program that provides healthcare services to low-income adults and children. It is also designed to provide financial assistance for long-term care services for seniors. In truth, in the United States, it is the largest source of payment for long-term care. That is why seniors need to explore the benefits it offers.

Medicaid Eligibility

To be eligible for Medicaid in Louisiana, individuals must meet certain criteria, including the following :

Receive Supplemental Security Income (SSI) from the Social Security Administration (SSA)
Are disabled according to the Social Security Administration’s definition
Are a low-income parent of children under the age of 19
Are under the age of 19
Have corrected vision no better than 20/200
Are pregnant
Have no insurance and need treatment for breast and cervical cancer
Receive Medicare coverage and are low-income, or
Are aged 19 to 64 years old, have a household income less than 138% of the federal poverty level, do not already qualify for Medicaid or Medicare, and meet the citizenship requirement

However, if you do not currently meet the eligibility criteria for Medicaid, do not worry. Engaging in proper Medicaid planning with the assistance of an experienced elder law attorney can allow you to strategically organize your assets in a way that enables you to qualify for Medicaid coverage. This means that the government benefit can help you cover long-term care costs, alleviating the need for you to bear these expenses out of your own finances.

Qualifying for Medicaid in Louisiana

The qualification process for Louisiana Medicaid can be quite intricate. It involves various criteria and documentation requirements, making it essential to plan meticulously and seek professional guidance.

Income Requirements

A person’s income must fall below a specific threshold to qualify for Medicaid in Louisiana. This income threshold varies based on the program in question and household size. However, it is important to note that these income limits are subject to annual changes.

Asset Requirements

Medicaid eligibility criteria also include asset consideration, specifically total assets. These assets, which include cash, savings, and property, must fall below a specific threshold to qualify for Medicaid.

Should You Consider Medicaid Planning?

Medicaid planning entails engaging in legal and financial strategies to safeguard your assets while ensuring eligibility for Medicaid assistance. Some common Medicaid planning strategies include creating irrevocable Medicaid Asset Protection Trusts, transferring assets to a spouse or family member, and trying to reduce excess assets in accordance with Medicaid guidelines. These strategies can help individuals and families navigate the complex requirements of Medicaid while seeking to preserve their financial security.

Work with an Experienced Legal Professional

Navigating the rules and regulations of Medicaid can be quite intricate and daunting. The application process involves meeting numerous eligibility criteria, which might seem overwhelming to handle on your own. That is why individuals often turn to an experienced elder law attorney for assistance. These legal professionals specialize in helping seniors understand and navigate the complexities of Medicaid, ensuring that all requirements are met and that they receive the benefits they are entitled to.

Contact Losavio & DeJean Today for More Information

To learn more about Medicaid and your options for qualifying for long-term care benefits, contact Losavio & DeJean today and speak with our team.

Can A Louisiana Will Be Challenged After Succession Is Opened?

Wed, 01 Jul 2026 20:58:07 GMT

It can be unsettling to discover that a loved one’s Last Will and Testament is not what you expected.

Often, family members do not notice potential issues until after the succession process has already begun. By that point, many believe it is too late to take action once the court is involved. In Louisiana, that is not necessarily true. Under certain circumstances, a will can still be challenged even after succession is opened.

What Does It Mean to “Open” a Succession?

Opening a succession means filing the necessary paperwork with the district court in the parish where the deceased person lived. If there is a will, it is submitted to the court for probate. The court reviews the will to make sure it meets Louisiana’s legal requirements and may appoint an executor to handle the estate.

However, the court’s initial acceptance of the will does not prevent interested parties from raising objections.

Who Can Challenge a Will?

Challenging a will is not open to everyone. Louisiana law requires that a person have a legal interest in the estate, such as heirs, named legatees, or creditors. For instance, a child who believes they were unfairly excluded from the will may have the right to contest it.

Common Reasons a Will Is Challenged

In Louisiana, you can contest a will based on multiple legal reasons:

1) Lack of proper form

Louisiana has strict rules about how wills must be written and executed. Most wills are either olographic, meaning handwritten and signed by the testator, or notarial, meaning signed in front of a notary and two witnesses. If the will does not meet these formal requirements, it may be declared invalid.

2) Lack of capacity

The testator, or the person creating the will, must have had the mental capacity to understand their actions when signing it. If it can be demonstrated that they did not comprehend the nature of their property or the identity of their heirs, the validity of the will could be contested.

3) Undue influence

A will may also be challenged if evidence shows that the testator was pressured or manipulated into making specific decisions. This situation frequently occurs when a vulnerable individual makes major changes to their will shortly before passing away.

4) Fraud

If evidence shows the will was forged or the testator was deceived into signing it, the court can invalidate the document.

Is There a Time Limit?

Louisiana law places time limits on actions to annul a probated will. In many cases, an action to challenge a will must be brought within five years of the will’s probate. However, specific circumstances can affect deadlines. Acting quickly is important because once the estate is fully administered and assets are distributed, resolving disputes becomes more complicated.

What Happens If a Will Is Invalidated?

If the court finds the will invalid, the estate may be distributed under a prior valid will. If no valid will exists, the estate will pass according to Louisiana’s intestacy laws. These laws set out a specific order of inheritance, typically prioritizing spouses and children.

Why Legal Guidance Matters

Challenging a will is not simply about disagreeing with its terms. It requires evidence and a clear legal basis. Likewise, defending a will requires careful preparation and knowledge of Louisiana succession law.

At Losavio & DeJean, LLC, we understand how emotional and complex succession disputes can be. Whether you are concerned about the validity of a will or need to defend one, experienced legal guidance can help protect your rights and your family’s interests. If you have questions about challenging a Louisiana will after succession is opened, speaking with a knowledgeable attorney is an important first step. To learn more, contact us today.

Beware The Dangers of Doing Your Own Estate Planning

Wed, 01 Jul 2026 20:45:52 GMT

Don't DIY Your Estate Plan!

While it may seem appealing to manage your own estate planning to save money, this can lead to significant challenges. Estate planning is a complex process involving various legal and financial details that many people do not fully grasp. Important considerations include drafting a Last Will and Testament that reflects your wishes, setting up trusts to protect assets, designating beneficiaries, and understanding estate tax implications. Without proper knowledge, you may overlook crucial elements like updating plans after significant life events, leading to disputes among heirs or unintended consequences. In the guide below, we will review some of the most common issues linked with DIY estate plans and explain how an experienced estate planning attorney can help you.

More Costs Down the Road

While DIY estate planning might initially appear to be a cost-effective alternative to traditional estate planning, it can lead to unexpectedly high expenses if your estate plan is contested during probate court proceedings. When an estate plan is challenged, legal disputes can arise, resulting in costly litigation that can consume a substantial portion of your estate’s value. This may ultimately leave your heirs with much less than you intended, and the outcome of such disputes can often be unpredictable, departing drastically from your original wishes. To avoid these potential pitfalls, engaging in a more formal and structured estate planning process is advisable.

Poor Templates

Online estate planning templates are often overly simplistic and might not cater to your specific circumstances. Relying solely on these generic tools could lead you to overlook crucial strategies and opportunities that can greatly improve your estate plan. This oversight may result in unfavorable tax consequences, poor asset distribution, or insufficient protection for your beneficiaries. In the end, a lack of a comprehensive estate plan can have serious financial repercussions, increasing costs for your estate and threatening the financial security of your loved ones. That is why seeking advice from an experienced estate planning attorney is important to ensure your plan is customized to meet your unique needs and objectives.

No Assurance

Even if you have crafted your estate plan with careful consideration, the reality is that, unless you are an attorney, you might not have the legal expertise to fully assess its effectiveness. This lack of assurance can foster lingering doubts and potentially expose your assets to unforeseen risks down the line. However, the anxiety stemming from the possibility of a legally insufficient plan can be alleviated by partnering with a qualified attorney specializing in estate planning law and understanding its complexities. These lawyers can make sure that your wishes are accurately represented and protected, providing you and your loved ones with greater peace of mind.

Not Accomplish Your Goals

Opting for DIY estate planning may lead to creating legal documents that do not accurately reflect your intentions or fail to achieve your desired outcomes. For instance, you might mistakenly believe that a Will is sufficient to protect your assets or ensure the care of your children, only to discover later that it does not address critical aspects of your situation. This oversight can result in confusion, disputes, and complications for your loved ones during a difficult time.

When you collaborate with an experienced attorney to develop your estate plan, the process begins with thoroughly exploring your unique goals and aspirations. Once everything is clearly defined, your attorney can skillfully design an estate plan that meticulously addresses your concerns and ensures all necessary legal documents are accurately drafted and aligned with your objectives.

Contact Losavio & DeJean Today To Learn More

If you are ready to create an estate plan that will work for you and your loved ones, contact Losavio & DeJean today and review your questions with an experienced Louisiana estate planning attorney.

What Happens When Your Life Takes an Unexpected Turn?

Thu, 25 Jun 2026 17:54:35 GMT

Recent national headlines surrounding the disappearance of an elderly family member have sparked conversations across the country about something many families do not like to think about: What happens when a loved one suddenly becomes unable to manage their affairs?

While every situation is different, these stories often highlight a common reality. A crisis can arise without warning, leaving family members scrambling to locate important documents, access financial accounts, make healthcare decisions, or determine who has the legal authority to act on behalf of a loved one.

In moments of uncertainty, having a plan in place can make a significant difference.

The Questions Families Often Face

When an unexpected event occurs, family members may find themselves asking:

Who can access bank accounts to pay bills?
Who can make medical decisions if a loved one cannot communicate their wishes?
Where are important legal documents located?
How will property and assets be managed?
Is there a valid Power of Attorney in place?
Does a Will or Trust exist?

Unfortunately, many families discover they do not have clear answers until they are already in the middle of a crisis.

Why Estate Planning Matters

Estate planning is not just about what happens after someone passes away. It is about preparing for life’s uncertainties and ensuring that your wishes are honored if you are ever unable to manage your own affairs.

A well-prepared estate plan can help provide:

Financial Protection
Proper planning can help ensure that bills continue to be paid, assets remain protected, and financial decisions can be made by trusted individuals when necessary.
Healthcare Decision-Making
Healthcare directives and Powers of Attorney allow trusted family members or individuals to make medical decisions when you cannot.
Family Guidance
Clear legal documents reduce confusion and help prevent disputes among family members during already difficult times.
Peace of Mind
Perhaps most importantly, planning ahead gives families confidence that they know what steps to take when the unexpected happens.

Essential Documents Every Adult Should Consider

Regardless of age or financial status, every adult should consider having:

A Last Will and Testament
A Durable Power of Attorney
Healthcare Directives
A Trust, when appropriate
Asset Protection Strategies
Beneficiary Designations reviewed regularly

These documents work together to create a comprehensive plan that protects both you and your loved ones.

Planning Before You Need It

No one expects to face a sudden medical emergency, incapacity, or other life-altering event. Yet these situations occur every day.

The families who navigate these challenges most successfully are often the ones who took the time to prepare beforehand.

At Losavio & DeJean , we help individuals and families create personalized plans designed to protect their assets, preserve their wishes, and provide peace of mind for future generations.

While none of us can predict what tomorrow will bring, we can take steps today to ensure our loved ones are protected no matter what the future holds.

If you have questions about estate planning, asset protection, Powers of Attorney, Medicaid planning, or Trusts, call (225)-769-4200.

Our team is here to help guide you through the process.

A Power of Attorney: Why & When Is It Needed

Thu, 11 Jun 2026 14:01:13 GMT

A Power of Attorney (POA) should be part of everyone’s estate planning documents.

However, many people fail to include this document in their plans because they do not know what it is or realize how important it can be for their future. That is why, in this blog post, we will review what a POA is, when it is needed, and why you should include it in your estate planning documents.

What Exactly Is a Power of Attorney?

A Power of Attorney (also known as a Mandate or Procuration in Louisiana) is a legal document that allows you to choose another person to make certain decisions on your behalf. This chosen person is called an agent or attorney-in-fact.

The Different Types of Power of Attorney in Louisiana

In Louisiana, there are different types of Power of Attorney:

General Power of Attorney

A General Power of Attorney authorizes an agent to make decisions on your behalf, including financial and healthcare matters. This type of legal document is usually granted to a family member, spouse, or close friend. However, there are limitations to this POA. For instance, if a person becomes mentally incapacitated, the General Power of Attorney may become void.

A Limited or Special Power of Attorney

A Limited Power of Attorney grants specific and narrow powers to an agent, including the power to sell a single piece of land for a certain amount or a limited duration. This type of POA can be beneficial, primarily for bigger groups who want to grant one individual permission to conduct business transactions. This type of POA is usually used for matters of convenience instead of necessity and tends to contain very specific language about an agent’s authority.

A Medical Power of Attorney

A Medical or Healthcare Power of Attorney allows an agent to make medical decisions on a person’s behalf. This can include obtaining procedures, ordering tests, and obtaining care arrangements.

A Financial Power of Attorney

A Financial Power of Attorney is a document that allows a person to select someone to make financial decisions on their behalf. These decisions may include accessing financial accounts, paying expenses, buying or selling assets, entering into legally binding contracts, creating trusts, or making donations. This document also grants the chosen representative the authority to manage finances and assets in accordance with a person’s wishes.

What Happens If a Person Does Not Have a Power of Attorney?

If you become unable to make decisions for yourself and do not have a valid Power of Attorney in Louisiana, you may need to go through a legal process called interdiction. This will involve a court declaring you legally incompetent and appointing a curator to manage your affairs. However, this process is often expensive and can cause family disputes. Moreover, the person appointed as curator may not necessarily be the one you would have chosen to manage your affairs.

Do You Need a POA? Contact Losavio & DeJean Today To Learn More

To learn more about POAs and whether you should include them in your estate plan, contact Losavio & DeJean, LLC, today. Our experienced estate planning attorneys can review your questions in detail and develop a plan that can help protect your estate and your future.

A Look At 5 Types of Benefits Available to Louisiana Veterans

Thu, 11 Jun 2026 14:00:31 GMT

Many people assume that only veterans who were disabled while on active duty can qualify for veterans’ benefits. But this isn’t always the case.

While it’s true that compensation benefits may be reserved for veterans disabled in active service, there are other available benefits for Louisiana veterans.

Let’s take a look at five types of benefits available to veterans in Louisiana.

1. Financial Benefits

Louisiana offers several different types of financial benefits for its veterans. Here are some common ones below:

Veterans’ combat pay (such as hazardous duty pay) is not only exempt from federal taxation but also any Louisiana state taxation. Additionally, military retirement benefits are exempt from state taxation as well.
Any federal retirement benefits received by federal retirees are excluded from Louisiana state tax income.
Eligible survivors of military service members who died in the line of duty or whose death resulted from a service-related disease or injury (referred to as “Dependency and Indemnity Compensation” or “DIC”) is considered a tax-free benefit.
Qualifying Louisiana veterans may also receive homestead tax benefits, helping to protect their homes’ value. For example, qualifying veterans may receive a homestead tax exemption applying to the first $7,500 in the home’s assessed value. Additionally, Louisiana disabled veterans or the families of those service members killed in action may receive special property tax exemptions. These eligible veterans or beneficiaries may receive an additional $7,500 exemption in addition to the homestead exemption.

To find out if you qualify for these exemptions, you can contact your local parish’s veterans service office, or a qualified Louisiana veterans benefits attorney.

2. Educational Opportunities

Louisiana also offers educational opportunities to its veterans through its Dependents Education Assistance statute. Louisiana offers education assistance to surviving spouses of veterans and children of 90% or greater disabled veterans as well as children of 100% disabled and unemployable veterans.

To qualify, the deceased veteran must have been a Louisiana resident for at least 12 months before entering military service, whereas a living veteran must have lived in Louisiana for at least 24 months before the applicable child (who is between the ages of 16 -25) is admitted to the educational program.

3. Employment Opportunities

For individuals with military training and experience, Louisiana allows the transfer of these military skills to civilian employment, through the offering of corresponding professional licenses or certifications.

To find out if you’re eligible for these employment opportunities, contact a qualified Louisiana veterans benefits attorney.

4. Memorial and Burial Benefits

Veterans, their surviving spouses, and their dependent children are eligible to be buried in a national cemetery while using a VA-provided headstone. There is no charge for this burial for veterans, while there is a small fee for surviving spouses and dependent children.

In Louisiana, national cemeteries include Baton Rouge National Cemetery, Louisiana National Cemetery, Alexandria National Cemetery, and Port Hudson National Cemetery.

5. Housing Benefits

Finally, Louisiana provides housing benefits to veterans who are Louisiana residents and have been honorably discharged from military service.

Monthly housing costs are contingent on how much the veteran can pay. Additionally, surviving spouses and Gold Star parents may be eligible for housing benefits if they meet certain criteria.

Some veterans’ home sites include Louisiana State Veterans Home at Bossier City, Jackson, Jennings, Monroe, and Reserve.

Why Retain Losavio & DeJean, LLC?

At Losavio & DeJean, LLC, we provide clients with specialized, experienced, compassionate legal services, and we have deep knowledge and experience in veterans benefits law. Our Baton Rouge estate planning lawyers have provided dedicated, knowledgeable legal services since 1976, and we can put our experience to work for you, too.

To help veterans and the widow(er)s of veterans obtain veteran’s benefits, your attorney must be accredited with the Department of Veterans Affairs (VA). At Losavio & DeJean, LLC, all of our disability law attorneys in Baton Rouge are accredited by the Department of Veterans Affairs.

We are committed to providing empathetic and compassionate legal counsel. When you work with us, your needs come first.

A Health Care Power of Attorney Is Not Enough

Thu, 11 Jun 2026 13:58:05 GMT

To be fully protected for medical issues, ever person needs a health care power of attorney, advance medical directives, and a living will. Without the advance medical directives , you lose control over your medical decisions in the event of incapacity.

The only way to maintain control if you cannot communicate is to have instructions to your health care agent written down in advance. Losavio and Dejean has a copyrighted 11 page advance medical directive to help you give specific instructions to your health care agent. Furthermore, the advance medical directive prevents arguments and eliminates emotional burden about your care, because you have made the difficult decisions.

For your life care and estate planning needs, contact Losavio & Dejean at 225-769-4200

Affidavit of Small Succession in Louisiana: Who Qualifies & How To File

Thu, 11 Jun 2026 13:57:41 GMT

Many families are surprised to learn that a formal succession is not always required under Louisiana law.

When an estate meets certain criteria, heirs may be able to use an Affidavit of Small Succession to transfer property without going through the court process. While this option can significantly simplify matters, it is important to understand the legal requirements before relying on it.

What Is an Affidavit of Small Succession?

An Affidavit of Small Succession is a legal document that allows heirs to transfer a deceased person’s property without opening a formal succession in court. Instead of going through a lengthy judicial process, qualified heirs can use this affidavit to establish their rights and take possession of certain assets.

This option is especially helpful when the estate is modest and there are no disputes among heirs. It is commonly used to transfer bank accounts, vehicles, or small parcels of property.

Who Qualifies for a Small Succession in Louisiana?

Not every estate qualifies for this simplified process. Louisiana law sets specific requirements that must be met.

First, the value of the estate must be $125,000 or less. This amount excludes certain exempt property, such as the family home under some circumstances.

Second, at least one of the following must apply:

The deceased died without a Last Will and Testament and more than 20 years have passed since their death, or

The deceased died with or without a will, and the estate qualifies as a small succession based on its value

In addition, there must be no pending application for the appointment of a succession representative. The heirs must also agree on how the property will be divided. If there is conflict, a formal succession may still be necessary.

What Information Must Be Included?

The affidavit must be detailed and accurate. It typically includes:

The full name and date of death of the deceased
A statement confirming the estate qualifies as a small succession
A description of the property being transferred
The names and addresses of all heirs or legatees
The relationship of each heir to the deceased
Whether the deceased left a will, and if so, a copy of it

The affidavit must be signed by at least two persons who have knowledge of the relevant facts. If there is a surviving spouse, the spouse must be one of the signers. Louisiana law does not require every heir to sign. However, any heir who does not sign must be given proper notice.

Accuracy matters. Errors or omissions can delay the transfer of property or lead to legal complications later.

How to File the Affidavit

Once completed and notarized, the affidavit must be filed in the parish where the deceased lived at the time of death. If the estate includes real estate, the affidavit should also be recorded in the conveyance records of the parish where the property is located.

After filing, heirs can present certified copies of the affidavit to banks, title companies, or other institutions to transfer ownership of assets.

Keep in mind that each institution may have its own requirements. Some may request additional documentation before releasing funds or retitling property.

Contact Our Legal Team Today To Learn More

While an Affidavit of Small Succession can simplify the transfer of property, it still requires careful attention to Louisiana law. Even small errors can lead to delays, title defects, or complications later. Working with an experienced attorney helps ensure the process is handled correctly from the start.

If you have questions about whether a small succession is appropriate or need help preparing an affidavit, contact Losavio & DeJean to discuss your situation.

6 Things You Should Know About Louisiana Interdiction

Thu, 11 Jun 2026 13:56:18 GMT

All states have laws and regulations addressing legal incapacity – when a person cannot make (or communicate) decisions for themselves.

Similar to this, Louisiana has a process called interdiction – where a court determines that a person can no longer make decisions about themselves or their property.

In Louisiana, an interdiction is a legal process where the court decides whether a person cannot make or communicate decisions. If the court determines that the person is incapable of making or communicating decisions, the court will appoint a person to do so for the incapacitated individual.

Keep reading to learn about six things about Louisiana interdiction.

1. What is limited interdiction?

Like limited capacity, limited interdiction in Louisiana occurs when the court determines that an individual is incapable of making certain decisions about their person or property but not all decisions. For example, a person may generally be able to bathe and dress, but they may not be able to make sound decisions about their finances.

2. What is full interdiction?

Full interdiction occurs when a Louisiana court determines that an individual cannot make any consistent decisions about their person or property.

3. What is the legal impact of interdiction in Louisiana?

In Louisiana, a full interdiction determination means that the person (or the interdict) cannot legally make decisions for themselves, such as opening a bank account or signing a contract.

If a court declares the person to be a limited interdict, then that person may not make certain legal decisions where they may be able to make others. For example, the limited interdict may make legal decisions about their personal care but not about their finances.

4. What is a curator?

A curator is a person appointed by the Louisiana court to oversee the incapacitated individual’s decision-making. In other words, the curator acts on behalf of the interdicted person regarding their personal or financial affairs.

In Louisiana, the curator has the legal authority to make some or all decisions for the incapacitated individual while acting in the interdict’s best interest at all times.

Additionally, the curator files an annual report with the Louisiana court, listing the interdict’s assets and expenses for that year as well as whether any property was bought or sold. Further, the curator addresses how the incapacitated person is doing physically and mentally. If there is any change in the interdict’s health or medical treatment, then the curator must address this in the annual report as well.

5. What is an undercurator?

An undercurator is a person appointed by the court to confirm that the curator is acting in the interdict’s best interest. To do this, the undercurator is permitted to see all annual reports, financial documents, and medical records – making sure that the curator is keeping the incapacitated person’s best interest in mind.

6. What are some alternatives to Louisiana’s interdiction process?

There are some ways to avoid Louisiana’s interdiction process if you plan ahead. For example, you can plan for yourself or provide for your loved ones through health care or financial powers of attorney, legal conservatorships, living will declarations, or trusts, among others. An experienced interdiction attorney can help you better protect yourself and your loved ones.

Why Retain Losavio & DeJean, LLC?

Not all attorneys have experience handling interdiction cases, so it is important to retain an attorney who understands this specialized field of law. At your initial office consultation with Losavio & DeJean, LLC, you will be interviewed by one of our attorneys to attain the information we need to navigate your case. We can discuss and make recommendations regarding the interdiction and provide you with an estimate on fees and costs.

5 Steps To Take To Preserve Your Assets In Retirement

Thu, 11 Jun 2026 13:37:22 GMT

Transitioning to retirement can be challenging for most. After working for decades, there’s no place to be – no meetings to attend.

We’re confident you’ll fill your schedule, and like most retirees, you may be busier than ever – doing the things you want to do. But what about your assets? Without a steady paycheck, you may be wondering how to best preserve your assets in retirement.

Here are five estate planning steps to protect your assets in retirement so you provide financial security for your loved ones and minimize probate and estate taxes.

1. Create a last will and testament

A foundational estate planning task is creating a last will and testament if you haven’t already done so. A will is a legal document that specifies how you want your assets distributed after your death as well as who will administer your estate.

Having a will allows you to streamline any legal processes after your death for your loved ones while protecting any inheritance for your estate’s heirs. Through a will, you can also specify your wishes for your funeral and burial costs, helping to avoid any family arguments after you’re gone.

2. Create a trust

Depending on your situation, you may also want to create a trust as part of your estate plan. A trust is a fiduciary, legal arrangement, allowing a third party (or trustee) to hold assets on behalf of a beneficiary.

Like with a will, you can arrange a trust in a variety of ways, specifying how you want your assets to pass to your family members, close friends, or your chosen charities.

Additionally, trusts typically avoid probate (which is called “succession” in Louisiana), meaning your beneficiaries will have access to these assets sooner rather than later. For irrevocable trusts, they are not part of your taxable estate, helping you to reduce potential taxes.

To learn more about how to control your wealth and protect your legacy, contact a qualified Louisiana estate planning attorney today.

3. Understand the Tax Implications of Gifts

Another way to pass assets to your loved ones or a charity is through gifts.

If your monetary gifts are under $16,000 (for 2022) or $17,000 (for 2023) per recipient, you can avoid federal tax. The amount of monetary gifts you make during your lifetime is not available to pass assets at your death under the Estate and Gift Tax Applicable Exclusion (which is $12.06 million per individual in 2022 and $12.92 million per individual in 2023).

This means – at death – a married couple can pass up to $25.84 million in 2023 without paying any federal gift or estate tax.

Louisiana does not have an inheritance or gift tax.

4. Explore Long-Term Care Planning

Planning for long-term care planning is another way to protect your assets later in life. For example, long-term care planning allows you to plan for your elder care (and its expense) while you can.

One way to protect your assets is with long-term care insurance, enabling you to rely on insurance coverage for health care rather than your hard-earned money. Planning for long-term care also removes stress from your family members when they may need to make decisions for your care when you can no longer do so.

5. Understand Joint Ownership

Finally, joint ownership may be another option for you and your family. For example, by jointly titling assets, you avoid the time-consuming process of probate as well as preventing will contests after you’re gone.

However, joint ownership is not the best option for everyone. To understand if any of your assets need to be jointly titled, contact an experienced Louisiana elder law attorney today.

In addition to preserving your wealth and protecting your estate, there are steps you can take to ensure that you are protected as well. For example, planning for powers of attorney, and Medicaid, disability benefits can ensure that if the unexpected happens, you and your family are taken care of.

Why Retain Losavio & DeJean, LLC?

At Losavio & DeJean, LLC, we provide clients with specialized, experienced, compassionate legal services, and we have deep knowledge and experience in elder law. Our Baton Rouge estate planning lawyers can also travel to you if need be.

5 Secrets IRS Agents Won't Tell You If You Owe Taxes

Thu, 11 Jun 2026 13:35:58 GMT

The IRS is the most powerful collection agency in the world, gaining more and more power by the minute.

The Inflation Reduction Act is funding $45 billion solely allocated to the hiring of 87,000 new enforcement agents. Those enforcement agents are usually just working to collect money, not necessarily working with your best interest at mind.

There’s a few things the IRS does not want you to know when you owe taxes.

1. Before evaluating which collection alternative is best, the taxpayer should confirm that the amount owed is correct by reviewing his/her taxes and transcripts.

If the taxes or penalties can be reduced, the taxpayer should consider requesting the appropriate reduction using one of the following IRS procedures:

File an amended return
Request penalty abatement
Audit Reconsideration

Once the taxpayer is satisfied that the taxpayer owes the balance in question, the taxpayer should then turn to evaluating payment alternatives. The IRS fails to highlight the different alternatives to pay your taxes. Taxpayers should evaluate collection alternatives by understanding each alternative, and then applying the ability to pay by their personal circumstances to find the right alternative.

2. Do you qualify for IRS penalty relief?

Penalty abatement provides relief from IRS tax penalties. Penalties are common when filing taxes, with the IRS issuing almost 40 million penalties in 2018. Most penalties result from late filings, late payment or filing an inaccurate tax return.

The Internal Revenue Service does not want you to know about penalty abatement. Penalty abatement is usually a request for non-assertion of a penalty or removal of a penalty. The type of penalty dictates the available options for relief. There are three penalties most commonly assessed by the IRS: failure to pay, failure to file, and the estimated tax penalty. Accuracy penalties for failing to file an accurate tax return are not common, but an accuracy penalty may be costly in an audit.

Call (225) 439-1022 to see if you may qualify for penalty abatement.

3. An IRS agent usually won’t tell you about innocent spouse relief. How can this type of relief benefit you?

By requesting innocent spouse relief, an innocent spouse can be relieved of responsibility for paying tax, interest and penalties, if your spouse or former spouse improperly reported items or missed items on your tax return. However… if you filed a joint return, you are responsible for any tax interest and penalty that do not qualify for relief. Innocent spouse relief can only apply to individual income and self-employment taxes.

To request innocent spouse relief, contact one of our tax specialists today at (225) 439-1022.

4. Taxpayers are generally unaware that the IRS has four basic categories of collection alternatives. Those four categories include:

I. Extension to Pay : A taxpayer can get an extension up to 120 days to pay an outstanding balance owed.

II. Installment Agreement : Taxpayers can opt into a monthly payment plan with the IRS. There are two types of installments.

a. streamlined installment agreement- qualifying taxpayers can pay the amount owed over a specified period of time without the need to provide detailed financial information to the IRS. This is the most commonly used payment plan, as it’s easy to obtain and reduces the possibility of a federal tax lien.

b. ability-to-pay installment agreements- this agreement requires the taxpayer to provide information and documentation to prove their ability to pay towards their tax balance. Ability-to-pay payment plans are usually for taxpayers who don’t qualify for the terms of the simple installment agreement.

III. ’Currently Not Collectible’ Status : Taxpayers who experience financial hardship, and only have enough income to pay for their necessary living expenses, can qualify and receive a temporary payment deferral. The taxpayer must provide financial information and documentation of proof that they cannot pay.

IV. Offer in Compromise : If you cannot pay the IRS with your assets or by making future installment agreement payments, you may be able to cancel your taxes for less than the amount owed. Taxpayers who qualify can offer their reasonable potential to settle their tax bill.

5. Can I settle my tax debt for less than I owe?

This is not a secret in the sense that the radio and television commercials are saying you can settle for pennies on the dollar. However, although it is possible, you may not qualify. The vast majority of offers in compromise are rejected. Taxpayers may be able to settle their outstanding liability for less than the amount owed if they qualify for an offer in compromise, and are able to pay the offer amount.

There are three types of offer in compromise… with doubt as to collectibility being the most requested type. Taxpayers can qualify for an offer in compromise if they are unable to pay their outstanding balances in full (using net equity in assets and future monthly payments) before the collection statute of limitations expires. If a taxpayer qualifies for an offer in compromise, the taxpayer must compute how much they will need to offer and pay to settle their taxes. Most offer requests take between 6 to 10 months to complete from application through the IRS’s final approval.

In summary…

It may not be obvious for you which alternative is best. For example, many taxpayers who owe small amounts and make substantial income may only need an extension to pay the excess funds necessary. If the taxpayers are under financial distress, the taxpayer will have to evaluate all payment options and even consider settling their taxes with an offer in compromise.

4 Things To Understand About Veterans Benefits in Louisiana

Thu, 11 Jun 2026 13:34:47 GMT

Federal benefits are available to just over 18 million U.S. veterans, according to the United States Census Bureau . However, what about state benefits?

Each U.S. state offers additional benefits for veterans and their families, including education and training programs as well as military pay tax exemptions. Louisiana is no different.

The 283,000 veterans living in the state of Louisiana can enjoy numerous benefits and exemptions, with the Louisiana Department of Veteran Affairs serving veterans across 74 parishes.

Keep reading to learn four things about veteran benefits in Louisiana.

1. Military and Combat Pay Exemptions

In Louisiana, veterans’ combat pay (such as hazardous duty pay) are not only exempt from federal taxation but also any Louisiana state taxation. Additionally, military retirement benefits are exempt from state taxation as well.

2. Homestead Exemptions

Qualifying Louisiana veterans may also receive homestead tax benefits, helping to protect their homes’ value. For example, qualifying veterans may receive a homestead tax exemption applying to the first $7,500 in the home’s assessed value.

Additionally, Louisiana disabled veterans or the families of those service members killed in action may receive special property tax exemptions. These eligible veterans or beneficiaries may receive an additional $7,500 exemption in addition to the homestead exemption.

To find out if you qualify for these exemptions, you can contact your local parish’s veterans service office or a qualified Louisiana veterans benefits attorney.

3. Education and Training Program Assistance

Louisiana veterans may also take advantage of state-offered education assistance programs for:

Spouses of deceased veterans
Children of veterans with a 90% or more service-connected disability rating
Children of veterans with a 100% or more service-connected disability rating because of unemployability

Eligible spouses and children may be exempt from paying tuition for any of the following:

Universities
State colleges
Trade or vocational schools

Note that under this program, the eligible spouse or child must pay any student-fees. These fees aren’t exempt under Louisiana’s program. Additionally, this exemption is available for any four-year program (which must be completed within five years).

4. Financial Hardship Assistance

Financial hardship assistance is another Louisiana veteran benefit provided under the Military Family Assistance Fund (MFA). Veterans and active-duty members experiencing financial hardship may qualify for up to $10,000 annually per veteran or active-duty member.

Louisiana veterans or active-duty members may use this financial assistance for the following expenses:

Household expenses such as rent, mortgage, or repairs on a primary residence
Vehicle expenses such as car payments, insurance, and certain major vehicle repairs
Utility expenses such as electricity, gas, or sewage
Some medical expenses

Here are some expenses that are not eligible:

Credit card bills
Income property expenses
Home improvements
Legal expenses
Cable or internet expenses
Cosmetic procedures

Why Retain Losavio & DeJean, LLC?

Not all attorneys have experience handling veterans’ benefits and claims, so it is important to retain an attorney who understands this specialized field of law. At your initial office consultation with Losavio & DeJean, LLC, you will be interviewed by one of our attorneys to fully understand your needs.

4 Things To Know About Veterans Improved Pension Plan

Thu, 11 Jun 2026 13:33:28 GMT

Returning to civilian life as a veteran is challenging – to say the least.

From a loss of identity, to health issues, to financial concerns, veterans need support when integrating back into non-military life.

The Veterans’ Improved Pension Plan is one type of support. The Department of Veterans Affairs runs this pension program, which provides benefits to eligible disabled veterans (whose disabilities were not related to their military service). Originally created in 1979, this program has enjoyed different names, such as Section 306 Pension, Old Law Pension, or, simply, Pension.

Keep reading to learn more about the Veterans’ Improved Pension Plan.

1. Who may apply for these pension benefits?

Disabled veterans, their surviving spouses, or the children of a deceased veteran may apply for these benefits. All applicants must meet specific requirements under the law to receive these pension benefits.

2. What are the service requirements for this pension benefit?

Like other veterans’ benefits, pension applicants must meet certain requirements before applying for the Improved Pension Plan. For instance, the applicant must meet the four following requirements:

Have veteran status, meaning the veteran served in the “active military, naval, or air service”
Have at least ninety (90) days of active duty service if their service occurred before 1980 or twenty-four (24) months for service occurring after 1980
Have at least one (1) day of active service during a declared wartime period
Have a discharge or release other than dishonorable.

3. What if veterans receive these pension benefits as of December 31, 1978?

For disabled veterans receiving a pension on December 31, 1978, don’t have to reapply for pension benefits under the Improved Pension Plan.

Instead, they will continue to receive their pension benefits at the given rate that they were receiving on December 31, 1978, as long as their income and net worth remain within the established limits and the beneficiary has the same number of dependents.

The Veterans Administration (VA) may adjust these rates if eligibility changes or for other reasons, such as a VA-facility hospitalization.

4. How are Improved Pension Plan benefits calculated?

Like other benefits, Veterans’ Improved Pension Plan benefits have maximum annual rates. For example, the monthly benefit payment is reduced by the veteran’s countable income as well as any countable income of the spouse and child(ren).

Further, if the veteran does not have a spouse or child and is being provided health care services at home or in a nursing home, then the monthly benefit is reduced to an amount (not to exceed $90 per month) after three (3) calendar months of care.

Understanding these limits and reductions is essential when planning for your and your family’s financial future. Connecting with an experienced veterans’ benefits attorney can advise you on which limits or reductions may apply to you.

Why Retain Losavio & DeJean, LLC?

3 Things To Understand About Medicaid Qualification in Louisiana

Thu, 11 Jun 2026 00:28:25 GMT

When creating your estate plan, planning for your health and medical care is critical.

Ensuring that you get the medical care you need – now and in the future – not only helps you live your best life, but it also takes the stress and worries off your loved ones, knowing that your medical needs are met.

So, when planning for your future, make sure that you don’t overlook Medicaid planning.

Keep reading to learn more about what Medicaid is and how to qualify for it in Louisiana.

1. What is Medicaid?

Medicaid is a government program that provides medical benefits to low-income families and individuals. As of 2019, over 75 million Americans received healthcare through Medicaid, including long-term care through nursing homes. In Louisiana, over one million people receive healthcare through Medicaid, which operates through Louisiana’s Department of Health.

Medicaid is the single largest source of healthcare and medical coverage in the United States.

2. How Do I Qualify for Medicaid in Louisiana?

The initial qualification for Medicaid is determined using the federal poverty level income guidelines. For example, the federal poverty level income guideline for individuals is $13,590 (in 2022), and for a family of 4, it’s $27,750 (in 2022). These 2022 guideline limits determine coverage for 2023.

Once you meet the income guidelines, then you’ll qualify for Medicaid in Louisiana if you meet the following:

You’re receiving Social Security Supplemental Security Income (SSI)
Get financial assistance from the Office of Family Support (OFS) through the Family Independence Temporary Assistance Program (FITAP)

However, you also may qualify for Medicaid in Louisiana if you meet the following:

You are disabled, according to the Social Security Administration’s definition of disability.
You have corrected vision no better than 20/200.
You have breast and/or cervical cancer, and you have no health insurance.
You are low-income and receive Medicare.

An experienced Louisiana elder law attorney can help you determine if you or your loved one qualifies for Medicaid.

3. How Do I Protect My Home from Medicaid Estate Recovery?

When a Medicaid recipient passes away, their home may be possessed by the state in an effort to recover any Medicaid benefits received. This is called the “Medicaid Estate Recovery” program.

However, with the help of an experienced elder law attorney, you can avoid this by ensuring that your house does not fall under Louisiana’s probate (or succession) process. After all, you probably would rather your children, grandchildren, or other family members get your house after you pass – not the government.

At Losavio & DeJean, LLC, we have developed innovative and creative strategies to protect your home from Louisiana Medicaid Estate Recovery.

We know these conversations are challenging to have. Our estate planning lawyers at Losavio & DeJean, LLC, offer every client compassionate and empathetic legal representation that considers the whole person. When you hire one of our Medicaid planning attorneys in Baton Rouge, you can be sure you are getting experienced legal representation that puts you and your needs first.

Why Retain Losavio & DeJean, LLC?

3 Things To Know About Succession Proceedings In Louisiana

Thu, 11 Jun 2026 00:24:24 GMT

Losing a loved one is often an emotional rollercoaster. However, numerous legal matters must be handled beyond the grief, making the loss of a loved one even more challenging.

In most states, when a person passes away, their estate enters into a court-supervised process called probate. Probate is the legal process of distributing the deceased person’s assets according to their last will and testament.

This process also occurs in Louisiana, but it’s called succession – not probate.

Keep reading to learn more about succession proceedings in Louisiana.

Is Succession in Louisiana Required?

Succession isn’t always required in Louisiana. It depends on the size of the estate and whether the deceased had an executed will.

For example, if a person dies without a will and their estate is less than $125,000, then “succession” may be completed by filing a small succession affidavit.

If a person dies with a will or the net value of their estate is more than $125,000, then the heirs may acquire the assets directly without appointing an administrator or executor. However, the key here is that the distribution of assets must be uncontested and easily determined. Further, no business concerns or litigation surrounding the matter should exist.

Is an Executor Required for Succession Proceedings?

If, on the other hand, an estate is contested, the assets aren’t easily determined, or other issues exist, then an executor may be appointed. Here, the executor would help to determine and preserve assets, pay debts, manage property or businesses, litigate any outstanding legal issues, and distribute assets to heirs.

How Long Does Succession Take in Louisiana?

The amount of time succession takes in Louisiana is often determined by the size of the estate, the existence of a will, and the agreement as to the distribution of assets by the heirs.

For example, an estate under $125,000 will take less time (and less money) to distribute than a large estate with pending litigation or disagreement among family members. Further, if a larger estate requires an executor to take an inventory of assets and debts (and creditors have the opportunity to submit any claims), the process may take six months or more.

However, engaging an experienced succession attorney can help navigate the succession process more effectively than family members taking it on alone.

Why Retain Losavio & DeJean, LLC?

At Losavio & DeJean, LLC, The Louisiana Elder Law Firm, we understand that every client has their own unique facts concerning assets, debts, problems, and contested matters. That is why we are committed to creating custom legal strategies that are tailored to your estate’s needs. You have spent a lifetime building your estate and growing your wealth, so now is the time to begin estate planning and protecting your assets and property from a challenging succession process.

Our Baton Rouge probate lawyers have four decades of experience with the complexities of successions, so you can feel confident knowing that we’ve chosen the right succession procedure for you and your loved ones. We strive to ensure that every detail of your case is addressed, handled, and resolved appropriately.

3 Common Types of Louisiana Trusts To Consider When Creating Your Estate Plan

Thu, 11 Jun 2026 00:22:52 GMT

Certain documents – such as wills or powers of attorney – are standard when creating your estate plan. But what about adding a trust?

Including a trust in your estate plan gives you additional protection for yourself and your loved ones. A trust can also protect your legacy – creating a path forward for your wishes after your death.

What is a trust?

A trust is a legally binding agreement between the person creating the trust (the trustor) and the person or entity managing the trust and its assets (the trustee). Trustors may also be referred to as a grantor or settlor.

Like a will, a trust often has beneficiaries, such as your spouse, children, or charities. Under the terms of the trust, the beneficiaries will receive certain assets from the trust, according to your instructions.

Many types of trust exist. Keep reading to learn more about three common types of Louisiana trusts.

1. Revocable Living Trusts

A revocable living trust is a trust into which you can transfer your assets. Essentially, it serves as a legally-protected vessel for various types of assets, including:

Homes
Vehicles
Boats
Firearms
Financial accounts, such as bank or brokerage accounts

Because this type of trust is revocable, you can move assets in and out of this type of trust as necessary while avoiding probate down the road.

2. Irrevocable Trusts

Where you can transfer your assets in and out of a revocable trust, an irrevocable trust is the opposite. For irrevocable trusts, you can’t edit or modify once it’s established unless you have the beneficiary’s permission.

In other words, once you transfer your assets into an irrevocable trust, you lose all ownership of those assets.

So why would you want such a stringent type of trust in your estate plan?

An irrevocable trust can help shield your assets from estate or gift taxes – since they are removed from your estate. Additionally, an irrevocable trust can protect these assets from creditors.

A qualified estate planning attorney can help you determine if an irrevocable trust suits your situation.

3. Joint Trusts

You may prefer a joint trust if you’re creating it with another person, such as your spouse. In a joint trust, all marital assets are kept in a single trust.

Both spouses can legally control the assets held in a joint trust, serving as a revocable trust. When one partner dies, the surviving partner becomes the trustee, and the trust becomes irrevocable.

A joint trust may have less asset protection than a single trust for each spouse since a legal judgment over one spouse could impact all of the marital assets in a joint trust. However, a qualified estate planning attorney can assess your situation to determine if a joint trust is right for you.

Why Hire Losavio & DeJean, LLC?

We know that talking about estate planning issues can be complicated, causing stress and confusion. At Losavio & DeJean, LLC, we are committed to providing empathetic and compassionate legal counsel. When you work with us, your needs come first.

Will Medicaid Take My House? Understanding Medicaid Estate Recovery and How Trust Planning Can Help Protect Your Family Home

Tue, 09 Jun 2026 21:44:53 GMT

For many Louisiana families, the family home represents far more than a piece of real estate. It is where children were raised, holidays were celebrated, and memories were made over generations. Unfortunately, one of the most common concerns I hear from clients is:

"If I need Medicaid to pay for nursing home care, will the state take my house?"

The answer is more nuanced than many people realize. While your home is often protected during your lifetime for Medicaid eligibility purposes, it may still be vulnerable after your death through a process known as Medicaid Estate Recovery . Understanding how this process works—and planning ahead with the right legal tools—can make a significant difference in preserving your family's legacy.

What Is Medicaid Estate Recovery?

Federal law requires states, including Louisiana, to operate a Medicaid Estate Recovery Program. When certain Medicaid recipients pass away, the Louisiana Department of Health may seek reimbursement for Medicaid benefits that were paid on their behalf, particularly long-term care expenses such as nursing home care.

In many cases, the family home is one of the largest assets remaining in the estate and can become a target for recovery efforts. Medicaid estate recovery generally occurs after the recipient's death and may affect assets that pass through the succession process.

Can Medicaid Take My Home While I'm Alive?

In most situations, no.

Louisiana Medicaid often treats a primary residence as an exempt asset when determining eligibility for long-term care benefits. This means many individuals can qualify for Medicaid without immediately selling their home. However, "exempt" does not necessarily mean "protected forever."

Many families are surprised to learn that while the home may not prevent Medicaid eligibility, it can still be exposed to estate recovery later. This distinction is one of the most important aspects of Medicaid planning.

When Estate Recovery May Not Apply

Louisiana law provides important protections in certain circumstances. Estate recovery is generally delayed if the Medicaid recipient is survived by a spouse. Additional protections may apply when there is a surviving child who is under age 21, blind, or disabled.

However, once those protections no longer exist, the state may still have the ability to pursue recovery. Because every family's situation is unique, it is important to review your circumstances with an experienced elder law attorney .

How Trust Planning Can Help Protect the Family Home

One of the most effective planning tools available in appropriate situations is an irrevocable trust , often referred to as a Medicaid Asset Protection Trust.

When properly established and funded well before long-term care is needed, an irrevocable trust can remove assets from your countable estate while preserving them for your loved ones. Assets transferred into the trust are no longer legally owned by you, which can provide protection from future Medicaid estate recovery efforts.

For many families, placing the family home into a carefully designed trust can help accomplish several goals:

Preserve the home for children and future generations
Reduce exposure to Medicaid estate recovery
Avoid unnecessary succession complications
Maintain greater control over how assets are distributed
Create long-term asset protection strategies

The Five-Year Look-Back Rule

Timing is critical.

Medicaid imposes a five-year look-back period on certain asset transfers. If assets are transferred into an irrevocable trust too close to the time Medicaid benefits are needed, penalties may apply and eligibility could be delayed. For this reason, proactive planning is almost always more effective than waiting until a health crisis occurs.

Families who begin planning early often have significantly more options available than those forced to make decisions during an emergency.

Not Every Trust Provides Protection

A common misconception is that any trust will protect assets from Medicaid.

In reality, many revocable living trusts do not provide Medicaid asset protection because the person creating the trust retains control of the assets. The structure, language, funding, and administration of a trust all matter. An improperly designed trust can fail to achieve the intended protection and may even create eligibility problems.

That is why Medicaid planning should always be coordinated with an attorney experienced in elder law, estate planning , and long-term care planning.

The Best Time to Plan Is Before a Crisis

The most successful Medicaid protection plans are developed years before nursing home care becomes necessary. While crisis planning strategies may still be available in certain situations, families generally benefit from greater flexibility when they start early.

At Losavio & DeJean , we regularly help Louisiana families evaluate their options for protecting homes, savings, and other assets while preparing for the possibility of future long-term care needs. Our goal is to help clients maintain dignity, preserve family wealth, and create peace of mind for future generations.

Schedule a Consultation

If you are concerned about Medicaid estate recovery or want to explore whether a trust may help protect your family home, now is the time to start the conversation .

Every family's situation is different, and the right strategy depends on your assets, health, family dynamics, and long-term goals. Working with an experienced Louisiana elder law attorney can help you understand your options and build a plan that protects what matters most.

Why Do I Need a Power of Attorney in Louisiana?

Tue, 09 Jun 2026 21:30:17 GMT

Why a Power of Attorney Is One of the Most Important Estate Planning Documents

Many people believe estate planning is only for retirees or wealthy families. In reality, every adult should have a Power of Attorney (POA) in place. A Power of Attorney is a legal document that allows someone you trust to make decisions on your behalf if you become unable to manage your affairs.

At Losavio & DeJean, LLC , we often meet families facing unexpected medical emergencies who discover they cannot access accounts, pay bills, or make critical decisions for a loved one because no Power of Attorney was ever created.

What Is a Power of Attorney?

A Power of Attorney authorizes another person, known as your "agent" or "mandatary," to act on your behalf. Depending on how the document is drafted, your agent may be able to:

Pay bills and manage finances
Access bank accounts
Handle real estate transactions
Manage investments
Sign legal documents
Make healthcare decisions
Communicate with healthcare providers

Without a properly drafted Power of Attorney, your loved ones may be forced to seek court intervention to obtain authority to act on your behalf.

What Happens If I Don't Have a Power of Attorney?

Many people assume that their spouse or adult children can automatically make decisions for them. Unfortunately, that is not always true.

Without a Power of Attorney, your family may encounter:

Frozen bank accounts
Delayed financial transactions
Difficulty accessing medical information
Court-appointed guardianship or curatorship proceedings
Significant legal expenses

These situations often occur during medical emergencies when families are already under stress.

Types of Powers of Attorney in Louisiana

Financial Power of Attorney

A financial Power of Attorney allows your chosen representative to manage financial matters such as:

Banking transactions
Property management
Tax matters
Business operations
Retirement accounts

Healthcare Power of Attorney

A healthcare Power of Attorney allows someone to make medical decisions if you become incapacitated and cannot communicate your wishes.

This can include decisions involving:

Medical treatments
Long-term care
Rehabilitation facilities
End-of-life care

Who Should Have a Power of Attorney?

The simple answer is: every adult.

You may need a Power of Attorney if you are:

Married
A parent
A business owner
Retired
Traveling frequently
Serving in the military
Caring for aging parents

Unexpected accidents and illnesses can happen at any age.

The Benefits of Planning Ahead

Creating a Power of Attorney gives you control over who will handle your affairs and how they will do so. Rather than leaving decisions to a court, you choose someone you trust.

A properly drafted Power of Attorney can:

Avoid costly legal proceedings
Protect your finances
Ensure continuity of care
Reduce family disputes
Provide peace of mind

Work with an Experienced Louisiana Estate Planning Attorney

Estate planning is about protecting yourself and your loved ones before a crisis occurs. A carefully drafted Power of Attorney is one of the most effective tools available.

The attorneys at Losavio & DeJean, LLC help individuals and families throughout Louisiana create comprehensive estate plans tailored to their unique needs.

The Growing Gap

Thu, 04 Jun 2026 22:30:04 GMT

Long-Term Care Costs in Louisiana Are Outpacing Inflation — And Your Insurance Probably Won't Cover the Full Bill

If you live in Louisiana, you may have heard that our state is one of the most affordable places in the country for nursing home care. That's true — but "affordable" is a relative term. Even here in Louisiana, the cost of long-term care is climbing faster than inflation, and a long-term care insurance policy is unlikely to cover the full daily cost of a nursing home stay. For families across the Pelican State, from Baton Rouge to Shreveport to the Northshore, this is a financial risk that demands serious attention.

What Louisiana Families Are Actually Paying

Louisiana consistently ranks among the least expensive states for nursing home care, but the numbers are still significant. Statewide, the average monthly cost for a semi-private nursing home room is approximately $5,759, with private rooms averaging around $6,060 per month. Those figures translate to roughly $189 to $199 per day — or approximately $69,000 to $72,700 per year.

But those statewide averages can be dangerously misleading, especially if you live in a major metro area. In Baton Rouge , nursing home facilities are currently running about $285 to $288 per day — roughly $8,650 to $8,740 per month, or $104,000 to $105,000 per year. That's nearly 50% higher than the statewide average, and it puts Baton Rouge much closer to national pricing than most Louisiana families realize. New Orleans and Houma are similarly expensive, while Monroe and parts of northern Louisiana remain more affordable.

To put that in context, the median household income for adults 65 and older nationwide is around $60,000 per year. For many Louisiana retirees , a single year of nursing home care could exceed their entire annual income.

Rising Faster Than Inflation — Even in Louisiana

While Louisiana's costs are lower than the national median of roughly $315 per day for a semi-private room, the same upward trajectory that affects the rest of the country is at work here too. Nationally, long-term care costs have risen at an average annual rate of about 3.7% over the past decade, according to Bureau of Labor Statistics data — well above the general inflation rate of roughly 2.5% over the same period. In 2024 alone, private nursing home room costs nationwide jumped by 9% in a single year.

Louisiana has not been immune to these increases. Assisted living costs in the state rose by nearly 27% between 2021 and 2024, according to Genworth data. Nursing home costs have followed a similar pattern. A semi-private room that cost roughly $4,500 per month in Louisiana just a few years ago now runs closer to $5,759 — and the trend shows no sign of slowing.

The forces driving these increases are especially relevant in Louisiana. Staffing shortages in the healthcare industry have pushed wages higher for nurses and certified nursing assistants, and those labor costs get passed along to residents. Our state's high rates of chronic conditions — diabetes, heart disease, obesity — mean that residents often require more intensive and costly care . And as the Baby Boomer generation ages, demand for nursing home beds continues to grow against a limited supply.

The CareScout Cost of Care Survey identifies inflation and labor costs as the two equal drivers of rising long-term care expenses nationwide. In Louisiana, where healthcare worker wages have historically been lower than the national average, the upward pressure on salaries to attract and retain staff may drive even steeper percentage increases in the years ahead.

Why Your Long-Term Care Insurance Probably Falls Short

Many Louisiana families who planned ahead and purchased long-term care insurance assume they're fully protected. The reality is more complicated. Most policies don't come close to covering the full daily cost of a nursing home — even in a relatively affordable state like ours.

When you buy a long-term care policy, you select a daily or monthly benefit amount. A common benefit level might be $150 per day, or around $4,500 to $6,000 per month. That might have sounded adequate based on Louisiana's statewide averages, but if you live in the Baton Rouge area where facilities are charging $285 to $288 per day, a $150-per-day policy leaves you covering $135 or more out of pocket every single day — roughly $4,100 per month, or nearly $50,000 per year, that your insurance won't touch.

A policy purchased 15 years ago with a $100-per-day benefit is even more alarming. Even with a 3% annual inflation rider, which is the most common option, that $100 benefit would have grown to only about $156 per day by now. Against Baton Rouge's current rates, that leaves a gap of roughly $130 per day — nearly $47,500 per year in out-of-pocket costs, on top of the premiums you've been paying all along. And that's with inflation protection. Without it, a $100-per-day benefit covers barely a third of the actual daily cost.

And 3% inflation protection simply isn't keeping pace with actual cost increases. When care costs are rising at 3.7% or more on average — and occasionally spiking by 5% to 9% in a single year — even the compound inflation rider falls behind over time. For policies without any inflation protection at all, the gap is enormous.

There's another limitation many policyholders don't fully appreciate: benefit periods are capped. Most modern long-term care policies limit benefits to three to five years, with lifetime maximums that might range from $165,000 to $300,000. At Baton Rouge rates of $285 to $288 per day, a $165,000 total benefit would be exhausted in less than 19 months — well short of the average nursing home stay of two to three years, and far short of what many residents ultimately need.

Premiums are another growing concern. Insurers have dramatically raised rates on existing policies as they've confronted the reality that people are living longer and filing more claims than originally projected. It's not uncommon for a Louisiana policyholder who was paying $1,800 a year to now face annual premiums of $5,000 or more for the same coverage — forcing painful decisions about whether to keep paying, reduce benefits, or drop the policy after years of investment.

What Medicare and Louisiana Medicaid Actually Cover

Many Louisiana residents mistakenly believe Medicare will handle a long-term nursing home stay. It won't. Medicare covers skilled nursing care for a maximum of 100 days following a qualifying three-day hospital stay, and after day 20 there's a daily copayment of $217 in 2026. Medicare does not cover the custodial care — help with bathing, dressing, eating, and daily activities — that makes up the majority of nursing home stays.

Louisiana Medicaid (known as Healthy Louisiana ) does cover long-term nursing home care, but the eligibility requirements are strict. In 2026, a single applicant must have income below $2,982 per month and countable assets of $2,000 or less. For married couples, the non-applicant spouse can retain up to $162,660 in assets through the Community Spouse Resource Allowance, but the financial requirements still demand that most families spend down the vast majority of their savings before qualifying.

Louisiana also applies a five-year look-back period on asset transfers, meaning gifts or transfers made within five years of applying for Medicaid can result in a penalty period of ineligibility. And Medicaid beneficiaries must contribute almost all of their monthly income toward their care, retaining only a $45-per-month personal needs allowance — one of the lowest in the country.

It's also important to note that not all Louisiana nursing homes accept Medicaid patients, and those that do may have waiting lists. Medicaid generally only covers semi-private rooms, so residents hoping for a private room will need to pay the difference out of pocket.

Planning for the Reality — A Louisiana Perspective

None of this means long-term care insurance is a bad investment. Even a policy that doesn't cover the full daily cost can significantly reduce the financial burden on your family and delay or prevent the need to spend down assets to qualify for Medicaid. But Louisiana families need to plan with realistic expectations about what their coverage will and won't pay for.

If you're evaluating or already holding a policy, consider matching your daily benefit to actual costs in your part of the state, not just the statewide average. If you live in the Baton Rouge metro, you need to plan for $285 or more per day — not the $189 statewide figure that appears in most surveys. Costs in New Orleans and the Gulf Coast corridor are similarly elevated above statewide averages. Choose compound inflation protection over simple interest if available — the difference becomes substantial over 10 to 20 years. If your premiums have become unaffordable, explore options with your insurer such as reducing inflation protection in exchange for a lower premium rather than dropping coverage entirely.

Beyond insurance, build a dedicated savings cushion specifically earmarked for the gap between your policy benefits and actual care costs. In the Baton Rouge area, a policy paying $150 per day leaves a shortfall of $135 or more per day — that's roughly $49,000 per year. Over a three-year stay, you're looking at nearly $150,000 in out-of-pocket costs on top of your insurance.

For families who may eventually need Medicaid, consulting with a Louisiana elder law attorney well before care is needed can be invaluable. Proper Medicaid planning — done within the rules and well in advance of the five-year look-back period — can help protect a spouse's assets and ensure you have options when the time comes.

Louisiana's relatively low cost of care is a genuine advantage, but it shouldn't breed complacency. Long-term care costs here are rising just as they are everywhere else, and the gap between what insurance pays and what facilities charge is real and growing. The earlier you start planning — and the more honestly you assess that gap — the better positioned you and your family will be.

How Losavio & DeJean Can Help

Navigating the intersection of long-term care costs, insurance gaps, Medicaid eligibility, and asset protection is complex — and the stakes are too high to go it alone. That's where Losavio & DeJean, LLC comes in.

As Louisiana's premier elder law and estate planning firm, Losavio & DeJean has over 45 years of experience helping seniors and families across the state plan for the realities of aging and long-term care. Their team includes Peter J. Losavio, Jr. — one of only approximately 600 Certified Elder Law Attorneys in the country, and the only one in Louisiana — along with attorneys specializing in veterans' affairs , estate planning , and Medicaid qualifying , as well as a registered nurse and case manager on staff.

Losavio & DeJean can help Louisiana families with the specific challenges outlined in this article, including estate planning tools such as wills, trusts, and powers of attorney that protect the assets you've worked a lifetime to build; Medicaid planning strategies that work within Louisiana's strict eligibility rules and five-year look-back period, helping you qualify for benefits while preserving assets for a surviving spouse or family; asset protection planning to shield your savings from the financial devastation of a long-term nursing home stay; and retirement tax planning to maximize the resources available for your care.

Their firm has saved clients millions in federal taxes and Medicaid spend-down costs, and their client testimonials speak to the peace of mind that comes from having a knowledgeable advocate in your corner — especially when a spouse or parent suddenly needs nursing home care and the financial clock starts ticking.

Whether you're years away from needing care and want to plan ahead, or you're facing an immediate crisis and need to understand your options now, Losavio & DeJean can help you build a plan that protects your family's financial future.

The statistics cited in this article reflect 2025–2026 data from sources including the CareScout (formerly Genworth) Cost of Care Survey, the Bureau of Labor Statistics, the American Association for Long-Term Care Insurance, and the Louisiana Department of Health. Individual costs vary by facility, location within the state, and level of care required. This article is for informational purposes only and does not constitute financial or legal advice.

Affidavit of Small Succession in Louisiana: Who Qualifies and How to File

Thu, 14 May 2026 16:17:47 GMT

Many families are surprised to learn that a formal succession is not always required under Louisiana law. When an estate meets certain criteria, heirs may be able to use an Affidavit of Small Succession to transfer property without going through the court process. While this option can significantly simplify matters, it is important to understand the legal requirements before relying on it.

What Is an Affidavit of Small Succession?

This option is especially helpful when the estate is modest and there are no disputes among heirs. It is commonly used to transfer bank accounts, vehicles, or small parcels of property.

Who Qualifies for a Small Succession in Louisiana?

Not every estate qualifies for this simplified process. Louisiana law sets specific requirements that must be met. First, the value of the estate must be $125,000 or less. This amount excludes certain exempt property, such as the family home under some circumstances.

Second, at least one of the following must apply:

The deceased died without a Last Will and Testament and more than 20 years have passed since their death, or
The deceased died with or without a will, and the estate qualifies as a small succession based on its value

What Information Must Be Included?

The affidavit must be detailed and accurate. It typically includes:

The full name and date of death of the deceased
A statement confirming the estate qualifies as a small succession
A description of the property being transferred
The names and addresses of all heirs or legatees
The relationship of each heir to the deceased
Whether the deceased left a will, and if so, a copy of it

How to File the Affidavit

After filing, heirs can present certified copies of the affidavit to banks, title companies, or other institutions to transfer ownership of assets. Keep in mind that each institution may have its own requirements. Some may request additional documentation before releasing funds or retitling property.

Contact Our Legal Team Today To Learn More

If you have questions about whether a small succession is appropriate or need help preparing an affidavit, contact Losavio & DeJean to discuss your situation.

What Is a Forced Heir Under Louisiana Law?

Fri, 08 May 2026 18:29:50 GMT

Louisiana stands apart from the rest of the country in many areas of law, and estate planning is no exception. One of the most unique concepts is “forced heirship.” If you are creating a Last Will and Testament or thinking about how your assets will be distributed after your death, understanding who qualifies as a forced heir is essential.

What Is a Forced Heir?

Under Louisiana law, a forced heir is a person who is legally entitled to receive a portion of a deceased person’s estate, regardless of what the will says. This protected portion is called the “forced portion,” and it cannot be taken away except in very limited circumstances. In other words, even if a will attempts to disinherit a forced heir, the law may still require that person to receive part of the estate.

Who Qualifies as a Forced Heir?

Not all children are considered forced heirs. Louisiana law specifically limits forced heirship to certain categories:

Children of the deceased who are 23 years old or younger at the time of the parent’s death
Children of any age who, because of mental incapacity or physical infirmity, are permanently incapable of taking care of themselves or managing their affairs

If a child does not fall into one of these categories, they are not considered a forced heir and may be legally disinherited.

How Much Does a Forced Heir Receive?

The amount a forced heir is entitled to depends on how many forced heirs there are:

If there is one forced heir, they are entitled to one-fourth of the net estate
If there are two or more forced heirs, they are entitled to one-half of the net estate, divided equally among them

This portion is reserved by law and is separate from the “disposable portion,” which is the part of the estate the deceased is free to leave to anyone.

Can a Forced Heir Be Disinherited?

Disinheriting a forced heir is possible, but it is not easy. Louisiana law allows disinheritance only for specific reasons listed in the Civil Code. These reasons include situations such as:

The heir has physically abused the parent
The heir has been convicted of a serious crime against the parent
The heir has failed to communicate with the parent without just cause, as defined under Louisiana law

Even when one of these reasons applies, the disinheritance must be clearly stated in the will and must meet strict legal requirements. If it is not done properly, the disinheritance can be challenged and overturned.

Why Forced Heirship Matters in Estate Planning

Forced heirship can significantly impact how an estate is structured. For example, if you intend to leave most of your assets to a spouse, a charity, or another beneficiary, the existence of a forced heir may limit how much you can give away.

This is especially important for blended families, business owners, and individuals with significant assets. Without careful planning, your wishes may not be carried out as intended.

There are legal strategies that can help manage these limitations, such as certain types of trusts or structured lifetime planning strategies. However, these strategies must be handled carefully to ensure they comply with Louisiana law.

Contact Our Team To Learn More

Forced heirship is one of the most complex and often misunderstood areas of Louisiana succession law. While the concept may seem straightforward, applying it correctly requires a clear understanding of the rules and how they affect the overall structure of an estate.

Because these laws can directly impact how property is distributed, it is important to approach estate planning with careful attention to detail. Speaking with a skilled Louisiana estate planning lawyer can help clarify how forced heirship applies to your specific situation and what options may be available under the law.

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Can A Louisiana Will Be Challenged After Succession Is Opened?

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A Power of Attorney: Why & When Is It Needed

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A Look At 5 Types of Benefits Available to Louisiana Veterans

Many people assume that only veterans who were disabled while on active duty can qualify for veterans’ benefits. But this isn’t always the case.

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A Health Care Power of Attorney Is Not Enough

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Affidavit of Small Succession in Louisiana: Who Qualifies & How To File

Many families are surprised to learn that a formal succession is not always required under Louisiana law.

What Is an Affidavit of Small Succession?

Who Qualifies for a Small Succession in Louisiana?

What Information Must Be Included?

How to File the Affidavit

Contact Our Legal Team Today To Learn More

6 Things You Should Know About Louisiana Interdiction

All states have laws and regulations addressing legal incapacity – when a person cannot make (or communicate) decisions for themselves.

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2. What is full interdiction?

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5. What is an undercurator?

6. What are some alternatives to Louisiana’s interdiction process?

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