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Losavio & DeJean, LLC – Baton Rouge’s Trusted Power of Attorney Attorneys

Baton Rouge Power of Attorney Lawyer

Helping You Control the Future of Your Estate

Close-up of a Power of Attorney document with a silver fountain pen resting on it.

After spending a lifetime establishing your estate and growing your assets, you want to ensure that it is protected and secure for generations to come. One way to do this is through proactively establishing a power of attorney. Our estate planning attorneys have provided dedicated, knowledgeable legal services since 1976, and we can put our experience to work for you, too. We have an excellent reputation within the community and are often recommended by other attorneys and healthcare workers. Losavio & DeJean, LLC, The Louisiana Elder Law Firm, an elder law and special needs planning firm for seniors and families and person with disabilities.

The Importance of Establishing a Power of Attorney

In Louisiana, there currently is no default method for deciding how property and finances will be managed in case of unexpected incapacity, as well as no default procedure for making non-emergency medical decisions. This lack of a clear process can lead to difficulties for families trying to regain control over an individual’s estate and provide assistance when needed. Without a durable power of attorney, families may be forced to undergo an expensive and invasive process in order to declare an individual incapacitated, similar to guardianship in Louisiana.

This process deprives an individual of their civil rights and puts an emotional and financial burden on their family, who must navigate a legal system that is adversarial at a time when they are grieving. The process is time-consuming and costly.. Additionally, without an existing power of attorney, the courts have the authority to decide who will manage your affairs. They might not choose the person you prefer.

Beyond the worst-case scenario of complete incapacitation, a carefully drafted power of attorney offers crucial flexibility during temporary setbacks. This could include extended hospitalization, necessary surgery with a long recovery, or even a prolonged period of travel abroad, where managing daily financial matters becomes impractical. A trusted agent can seamlessly step in to handle mortgage payments, manage investments, file taxes, and manage business operations, ensuring continuity and preventing minor problems from becoming major financial setbacks.

With a durable power of attorney in place to administer your assets and make medical decisions, you can legally appoint someone to manage your affairs and make decisions on your behalf if you become incapacitated. Establishing this crucial legal document can provide peace of mind, knowing that someone you trust has the authority to take care of your affairs in case of an emergency.

When appointing a powers of attorney, it is worth considering other valuable estate planning tools such as:

However, creating a power of attorney is not a one-size-fits-all process. Louisiana law recognizes several different types, each with a specific purpose. The general term for a power of attorney is “Mandate” or “Procuration”, but there are key differences between them. A durable power of attorney contains specific language that ensures it remains in effect or even springs into effect upon your incapacity – this is the basis of incapacity planning. In contrast, a non-durable power terminates the moment you become incapacitated, making it useless for the situation it was intended to address.

Powers can also be general, granting broad authority over all your affairs, or limited/specific, for a single transaction or narrow area of management, such as the sale of property. Understanding these differences is essential to creating a plan that works as intended when you need it most.

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The Power of Attorney Process

We offer new clients a complimentary phone consultation to discuss their situation with our estate planning team. We can help you select someone to make healthcare, medical, and financial decisions for you and make recommendations regarding other estate planning services that might be beneficial to you. We know that talking about end-of-life issues can be emotionally painful. At Losavio & DeJean, LLC, we are committed to providing empathetic and compassionate legal counsel. When you work with us, your needs come first.

Following our initial consultation, we will conduct a more in-depth discussion with you to review your financial and family situation. This discussion will take place either in our office in Baton Rouge or via virtual means. During this meeting, we will discuss your assets, debts, family relationships, and long-term goals. Based on this information, we will create customized power of attorney documents tailored to your specific needs. The drafts of these documents will be presented to you for review.

We will explain each clause in detail so that you fully understand the content and feel comfortable with the agreement. Once the documents are finalized, we will ensure the proper execution of the documents by signing them. In Louisiana, this often requires notarization and the presence of witnesses for the documents to be legally binding.. We will also provide guidance on essential next steps, such as communicating your plans with relevant parties and ensuring that your financial institutions receive the necessary documentation to acknowledge the authority of your agent.

Integrating Your Power of Attorney into a Comprehensive Estate Plan

A power of attorney (POA) is a valuable tool, but its effectiveness is maximized when integrated into a comprehensive estate plan. The powers of a POA cease at the time of your death, after which a will or trust assumes control. Therefore, it is essential to coordinate these instruments. For example, the agent with financial POA authority can manage assets held in a revocable living trust while you are incapacitated, but they cannot distribute the assets according to the terms of the trust after your death – that responsibility falls to your successor trustee.

Similarly, a healthcare POA works in conjunction with a living will or declaration to provide clear instructions for end-of-life care. Our attorneys are skilled at integrating these documents into a cohesive plan that manages your assets, preserves your legacy, ensures your eligibility for government benefits such as Medicaid, and respects your healthcare wishes during and after your incapacity.

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    Margot

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Securing Your Legacy Starts Today

The biggest risk in power of attorney planning is the potential for delay. Incapacity is unpredictable by its very nature, arising from an accident, sudden illness, or progressive condition. If you lose the ability to sign legal documents, your opportunity to create a power of attorney that reflects your wishes will be forever lost. By taking proactive steps now, you can regain control over the uncertainty of court proceedings and ensure that your voice will be heard through someone you trust. This will provide your family with clarity, protection from expensive legal battles, and space to focus on caring and compassion rather than conflict and legal procedures.

If you are ready to take this important step in ensuring the future and well-being of your loved ones, contact Losavio & DeJean, LLC. Our experienced Baton Rouge lawyers can provide you with knowledgeable and compassionate guidance to create a plan that will stand the test of time. Your family’s legacy and peace of mind are worth protecting.

Common Power of Attorney FAQs

What is a “durable” power of attorney, and why is it critical?

A “durable” power of attorney (POA) is a legal document that remains valid and in effect if you become mentally incapacitated. This is its most important feature. It allows your chosen agent to manage your financial and property affairs without interruption. Without a durable POA, your family would likely have to go through a court-supervised interdiction (guardianship) process, which is costly, time-consuming, and stressful.

What’s the difference between a financial power of attorney and a healthcare power of attorney?

They are two separate documents for two distinct purposes. A financial POA authorizes your agent to handle your financial matters (paying bills, managing investments, filing taxes). A healthcare POA (or healthcare proxy) authorizes your agent to make medical decisions for you if you cannot. Both are essential for a complete incapacity plan. We also prepare advanced medical directives to outline your specific healthcare wishes.

What happens if I become incapacitated without a power of attorney?

In Louisiana, your family would have to petition the court for an “interdiction,” which is a legal proceeding to have you declared incapacitated and a guardian (called a curator) appointed. The court chooses who manages your affairs, which may not be the person you would have chosen. This public process is invasive, expensive, and can create family conflict. A proactively executed POA prevents this.

Who should I choose as my agent (attorney-in-fact)?

Your agent should be someone you trust implicitly—often a spouse, adult child, or close relative. Choose someone who is financially responsible, organized, and capable of making difficult decisions under pressure. You can (and should) name a successor agent as a backup. It’s also wise to discuss your wishes in detail with your chosen agent so they understand your values and intentions.

Can a power of attorney help with Medicaid or long-term care planning?

Yes, strategically. A well-drafted financial POA can grant your agent specific authority to engage in legal Medicaid planning strategies on your behalf if you become incapacitated. This can be crucial for protecting assets and applying for benefits. Without this explicit authority, your agent may be powerless to take necessary actions, potentially jeopardizing your ability to qualify for benefits when care is needed.

Does a power of attorney avoid the need for a will or trust?

No. A POA is an incapacity planning tool that is only effective during your lifetime. A will or trust is a death planning tool that directs what happens to your assets after you pass. All three documents work together as part of a comprehensive estate plan. The POA ensures your affairs are managed while you are alive but unable to act, and your will or trust ensures your assets are distributed according to your wishes after death.

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