Power of Attorney Lawyer Serving Louisiana

A comprehensive estate plan doesn’t simply address what happens when you’re gone. It also provides you security while you’re alive, and powers of attorney are an essential part of a comprehensive estate plan. A power of attorney, also called a “mandate” in Louisiana, gives a person that you trust the legal authority to make decisions and take actions on your behalf if you’re incapacitated. The person to whom you give that power is called your agent, or “mandatary” in Louisiana.

In the estate planning context, it’s important to create powers of attorney that are “durable.” That means they remain in effect if and when you are legally incapacitated, allowing your agent to seamlessly step into your shoes and make decisions that align with your wishes. This is one of the best ways to avoid the need for court intervention at a time when you are most vulnerable. To protect your independence and dignity, and ensure that your wishes are honored, contact Aspen Estate Planning to speak with a power of attorney lawyer.

How Durable Powers of Attorney Work

In order to be properly prepared for any issues that may arise, you should have both a durable general power of attorney (for financial and legal matters) and a durable medical power of attorney (also called a “durable mandate for healthcare decisions). You may also want a Living Will Declaration, or Advance Directive, which expresses your wishes regarding life-sustaining treatment if you are terminally ill or permanently unconscious. You can revoke or amend any of these documents in writing at any time up until you become incapacitated.

When creating a durable power of attorney, you can give your agent broad powers to handle your affairs, or more narrow authority to only do specific things, depending on your needs. You can also specify that the power of attorney only becomes effective when a doctor declares you incapacitated. That way, your chosen agent can act on your behalf when needed—but not until then. It’s important to work with an experienced power of attorney lawyer to ensure that your documents are specific enough to avoid confusion, but flexible enough to meet your needs.

Why Durable Powers of Attorney are Important

If you become incapacitated due to an accident or illness and you don’t have a durable power of attorney in place, no one automatically has the right to manage your finances or property—not your spouse or adult child, and definitely not a friend or unmarried partner. This can lead to a court deciding who will have that authority, and the person appointed by the court may be someone other than the agent you would have chosen.

Similarly, without a durable mandate for healthcare decisions, Louisiana law dictates who gets to make your medical decisions—typically a legal relative, not necessarily the person closest to you and who you would choose. Your wishes for your care, including end of life care, may not be honored, and your values may be disregarded. The people you love may be denied access to you when you need them most.

Fortunately, it is simple to avoid those outcomes by working with a power of attorney lawyer to create durable powers of attorney customized to reflect the values and people that are important to you.

The Aspen Estate Planning Difference

Thinking about incapacity can be difficult and uncomfortable. Planning ahead for it doesn’t have to be. I established Aspen Estate Planning to make it easy and convenient for people to get the estate planning protection they need while taking the stress out of the process.

I believe that planning should be a comfortable, collaborative conversation focused on what’s important to you and the people you love. It should feel like a weight lifted off your shoulders, not another burdensome task on your to-do list. To make it as easy as possible, I offer flexible meeting options—either virtual, or in-person at a location you choose—so you can plan to protect your future without putting your life on hold to trek to a lawyer’s office.