Why Do I Need a Power of Attorney in Louisiana?

Attorney Kent S. Dejean • June 9, 2026

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.

Smiling man in a dark suit and red tie in front of law bookshelves

Attorney Kent DeJean is an accomplished lawyer who specializes in Veteran Affairs and is accredited by the Department of Veteran Affairs. He was born in Opelousas, Louisiana and graduated from Opelousas Catholic High School in 1980.

He graduated from Louisiana State University in Baton Rouge in 1983, obtaining a Bachelor of Arts Degree in Political Science. He later obtained a Juris Doctor from Louisiana State University Paul Hebert Law Center in 1986.

Kent began practicing law in 1986. He worked in Eunice, Louisiana before joining Losavio & DeJean. Kent has over 25 years of experience in the general practice of law including wills, successions, estate planning, interdiction, adoptions, bankruptcy, and family law. He was also a court-appointed attorney for juveniles from 1986 to 2002.

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What Is a Special Needs Trust and Why Does Your Loved One Need One?

July 30, 2026

Planning for a loved one with a disability requires more than simply leaving an inheritance. While parents and family members naturally want to provide financial security, leaving assets directly to an individual receiving needs-based government benefits can unintentionally jeopardize programs like Supplemental Security Income (SSI) and Medicaid. A properly drafted Special Needs Trust allows families to provide financial support while helping preserve eligibility for essential public benefits. A Special Needs Trust (SNT) is a legal tool specifically designed to hold and manage assets for the benefit of a person with disabilities. Rather than distributing money directly to the beneficiary, the trust owns the assets and appoints a trustee to manage distributions for approved supplemental expenses. These expenses may include therapies, education, travel, recreational activities, specialized medical equipment, transportation, and quality-of-life improvements that government benefits often do not cover. Every family's situation is unique, and Louisiana laws, along with federal benefit regulations, make proper planning essential. A trust that is not drafted correctly could unintentionally disqualify a beneficiary from receiving critical assistance. Working with an experienced elder law and estate planning attorney ensures that your trust complies with applicable legal requirements while reflecting your family's long-term goals. At Losavio & Dejean , we help Louisiana families create customized Special Needs Trusts as part of a comprehensive estate planning strategy. Our team understands how to coordinate trusts with wills , powers of attorney , Medicaid planning, and long-term financial planning so your loved one's future remains protected for years to come.

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Understanding the Difference Between a Will and a Trust in Louisiana

July 28, 2026

When it comes to protecting your family and preserving your legacy, one of the most common questions people ask is, "Do I need a will or a trust?" The answer depends on your personal circumstances, financial goals, and long-term estate planning objectives. Understanding the difference between these two powerful legal tools can help you make informed decisions and ensure your wishes are carried out exactly as intended. A will is a legal document that outlines how your assets should be distributed after your death. It also allows you to appoint an executor to manage your estate and, most importantly for parents of young children, designate a legal guardian. While a will is an essential component of nearly every estate plan, it generally goes through Louisiana's succession (probate) process before assets are distributed. Working with an experienced estate planning attorney ensures your will complies with Louisiana law and accurately reflects your intentions. A trust , on the other hand, can provide greater flexibility and control over how and when your assets are distributed. Certain trusts may help your loved ones avoid probate, maintain privacy, provide for beneficiaries over time, or protect assets in the event of incapacity. Trusts are often valuable tools for families with significant assets, blended families, individuals planning for long-term care , or anyone seeking greater control over their estate. At Losavio & DeJean Elder Law Firm , we help Louisiana families determine whether a will, a trust, or a combination of both best fits their unique needs. Estate planning isn't about how much you own—it's about protecting the people you love. Whether you're creating your first estate plan or updating existing documents, our experienced attorneys can help you build a plan that provides peace of mind for generations to come.