Louisiana Power Of Attorney After Death?

I create and notarize a lot of Power of Attorney  (POA) forms. I would guess that I help around 10 people a week with this. I actually love doing these because I am extremely confident with it, and I feel like I am actually helping someone.

One of the most common questions I get about a Louisiana POA is if it will continue to be in effect after death. Short answer: no! Longer answer: let’s talk!

For starters, let’s explain the basics of a LA Power of Attorney. You have a “Principle” and an “Agent”. The Principle is the person that needs help. The Agent is the person that is the helper. The Agent helps the Principle by acting on the Principle’s behalf to perform certain powers and duties appointed to him.

That’s pretty legalese sounding right? Let’s break it down with a quick example.

Poor old Mary is stuck in the bed with a bad case of arthritis. Mary can’t get out of the house to do anything. Luckily for Mary, her daughter Susie is able bodied, trustworthy, and wants to help old Mary.

Mary wants Susie to be able to do to the bank for her, pick up her mail, talk to the doctors, and basically handle all of her affairs. Susie is able and willing to do all that she can.

Mary calls George Tull (the #1 Mobile Notary Public in all of Baton Rouge) at 225-907-5280. George helps them create a POA. In that POA, Mary is the principle, and Susie is the Agent. Mary grants certain powers and duties to Susie so that Susie can legally represent Mary, all according to the powers granted in the POA.

Simple, right? I think so too, but if you’re confused (my fault!), just give me a call and we’ll chat about it.

Now back to the Louisiana Power of Attorney continuing to be in effect after death question:

When poor old Mary dies, that POA is no longer in effect. Since the POA was “Durable”, it was in effect during Mary’s last days when she was no longer competent and conscious, but as soon as Mary passes Susie can no longer represent Mary. Why? Because Mary is no longer in existence, so Susie has no one to represent.

But….. Mary’s estate is still in existence, according to LA law. So should the POA help Susie to represent Mary’s estate? No!!! The will kicks into effect at this point, and Mary’s estate will be handled according to LA’s probate laws.

I hope this little article helps someone out there. If you have any questions about this at all, feel free to call me at 225-907-5280. You can also call me if you need assistance in drafting a POA. I’m more than happy to travel directly to you anywhere in the Baton Rouge area. After all, I am your #1 Baton Rouge notary!!!

Greatest Mobile Notary Public In Baton Rouge!

I am the greatest mobile notary public in Baton Rouge (and most likely the entire universe)!

How did I get this title? Because I created a committee to review all of the notaries in Baton Rouge, and most specifically the mobile ones that travel to their customers. My committee declared me to be the winner!!

My committee ranked all of the notaries they looked at on:

  1.  How friendly are they?
  2.  How far do they travel?
  3.  How much do they know?
  4.  How willing are they to just “get it done”?
  5.  What are their hours?

Here’s what my committee found on me:

  1.  George is the friendliest person ever.
  2.  George covers all of Louisiana, if the price is right.
  3.  George wrote the book on being a mobile notary.
  4.  George makes things happen.
  5.  George is available 24/7, even on nights and weekends!

Then my committee looked at the other mobile notaries in the area. Here’s what they found on them:

  1.  They are rude and very mean!
  2.  They travel no more than 1 block from their home.
  3.  They barely knew their name.
  4.  When asked if they could help make a POA, they just gave back a blank stare.
  5.  They are open for no more than 5 minutes a day.

So, you see, my committee overwhelmingly nominated me for the title of “Greatest Mobile Notary Public In Baton Rouge”. Wouldn’t you have done the same?

If you want to get in touch with me, “The Great”, just call me at 225-907-5280.

 

You’re welcome!

:)

Long Time, No See

Hello friends,

I admit it. I have neglected this site for a long, long time.

I have a little “building websites addiction”. I have created hundreds (maybe thousands) of websites, so I have a tendency to bounce from one to the next.

I recently saw that this site was getting some new traffic, and it reminded me of it. I probably have a dozen websites dedicated to my notary work, but this one has always been my favorite.

Why is it my favorite? Because of the “notary blog” section where I just wrote down whatever is happening. Just like this post.

So here is my intent to begin regularly updating this one again!

In notary news, I’m still doing my thing. While the bulk of my business is with mortgage signings (refinances, new purchases, reverse mortgages, etc.), I still visit regular folks like you and many companies for general notary work.

If you need a notary anywhere near Baton Rouge, just give me a call at 225-907-5280.

Mobile Notary Public Q & A

baton rouge mobile notary

A lot of people have asked me to give a better explanation of what I do, so let me try to explain the services that I provide as a mobile notary public serving the Greater Baton Rouge area by answering the most common questions that I hear. If you have a question that is not answered here, just call me at 225-907-5280.

Are you a mobile notary, and what does that mean? Yes,I am a mobile notary. That means that I travel to you to act as your notary. I am based in Baton Rouge, Louisiana, but I can travel to all surrounding areas. I regularly help customers in Baton Rouge, Denham Springs, Walker, Central, Baker, Zachary, St Francisville, Port Allen, Brusly, Plaquemine, Prairieville, Gonzales and more. I have even traveled as far as New Orleans, but of course that can be too expensive for most.

How much does it cost? The price of a notary service is not set by law in Louisiana. My prices are also not set in stone by me. The rate that I quote will depend upon what you need to have notarized, where you are, the amount of form filling I will have to do, the time of day, how flexible on the timing you are, and even how friendly you seem (seriously). If you live an hour away and want me to spend an hour filling out complicated forms,it won’t be cheap.If you are very close to me, flexible,friendly,have a simple paper that needs to be notarized,and are not calling me at 2:00 A.M.,it will be cheap. For an exact quote just give me a call at 225-907-5280.

When are you available? As far as I know,I am the only Baton Rouge notary that is literally always open. I am truly available 24/7. If you need an after hours notary,or a notary that is open on the weekends, I’m you’re guy.

Can you come to my hospital, prison, retirement home, business, home, or a random parking lot or Starbucks? Yes.

I don’t the DMV, OMV, or Wildlife and Fisheries. Can you help? Honestly,I don’t understand them all of the time either, but I will do everything I can to try to help you.

I want to buy a car from an individual. He doesn’t have the title,or the title is in another person’s name. Should I buy the vehicle anyways? No, unless you have a thing for headaches and nightmares!

I want a will, living will, power of attorney, healthcare proxy or any other form/contract. Can you help me? Yes.

Have you been trained to handle loan closings? Yes. I work with lenders, title companies and signing agencies from around the country. I have experience in just about every type of loan closing imaginable.

Do you work for law firms? Yes. I love working for law firms.

Can you notarize a copy of a birth certificate? Yes, but it won’t do you any good. Nobody will accept a copy, even if it is notarized. You need to work with the state to get an official copy from them.

Can you show me a sample bill of sale? Yes. Do a search on this site for “bill of sale” or click on the “bill of sale” category on the right hand side. I have tons of free templates here for you.

Hablas espanol? No, but a good friend of mine can help us translate.

Are you really a notary? Yes. This question always makes me laugh, but I guess we are living in a funny time where it is prudent to question everything. I can show you my business card, id, notary seal, and you can search for me on the state’s notary database.

What types of payments do you take? Cash, credit card or check. I’m pretty sure that Iam the only Baton Rouge traveling notary public that does this. I’ll even trade my services for a fishing rod and reel, if you have a really good one.

Can I come to you? Sure,just call me first to find out where I am. Since I’m mobile, I am usually on the road, but we can figure something out. I can even give you a discount for saving my gas.

Are you the greatest notary ever? Yes,I am.

If you have any other questions, give me a call right now at 225-907-5280. I really am here to help.

 

 

 

Louisiana Durable Power Of Attorney Form

louisiana power of attorneyA lot of people have been asking for it, so here is the general power of attorney form that can be used in Louisiana. Yes, it’s free. Yes, it’s durable. No, this does not create an attorney/client relationship. If you need an attorney, stop reading online and go hire one. You can also call me, George Tull, at 225-907-5280 for help. I can visit with you anywhere in the Baton Rouge area (even the hospital) so that we can discuss your needs.

Before I show you the link (fine, here it is: LOUISIANA DURABLE POWER OF ATTORNEY), let’s go over some basics. For our scenario we are going to have mom (Stacey Richard) and daughter (Jaci Richard) as the characters.

Let’s say that mom is sick. She just went to the hospital, and she is expected to be there for a month. Mom is sound of mind (she knows who she is and what is going on), but she won’t be able to leave the hospital for anything. Mom is worried about who is going to take care of her banking business, collecting the rent money from her apartment tenants, and of course paying all of her bills.

Mom’s only daughter is Jaci. Mom trusts her daughter completely, and she wants daughter to take care of everything. What is mom going to do?

Mom can easily create a power of attorney whereby mom (Principal) grants certain powers to her daughter (Agent). The Agent will be able to act for the Principal, just as if the Principal was there, on any matter/power granted in the power of attorney (POA). Better yet, third parties (bank, hospital, etc.) will recognize the POA, and allow the Agent to conduct business on the Principal’s behalf, as long as that power way conveyed in the POA.

So mom and daughter decide to create a power of attorney. They are smart, so they call George (225-907-5280) for help. George goes to Our Lady Of The Lake to meet with them. We all fill out the POA, everyone signs it, the witnesses sign it, and of course George notarizes the form. Now the daughter can present the POA at the bank, hospital, and anywhere else she needs to. Until mom cancels it, her daughter has the ability to act on her behalf, as expressed in the POA.

If you decide to not call George for help, let’s go over what you need to do:

1- Print three copies of the free Louisiana General Durable Power Of Attorney Form located here:  LOUISIANA DURABLE POWER OF ATTORNEY

2- On page 1, fill in the parish at the top.

3- On page 1, fill in all of the blanks in the opening section under “Durable General Power Of Attorney”. The first blank is for the Principal. In our scenario we would put Stacey Richard. The next blank is where you would place the last four numbers of her Social Security number. The next blank is for the Principal’s address. The next one is for the Agent. In our case we would write the daughter’s name, or Jaci Richard. Then we put the last four of the Agent’s Social Security number in. Lastly, fill out the Agent’s address.

4- Have the principal sign at the bottom of every page. Yes, every single page.

5- Do not touch the last page, page 7, until you are in front of a notary public. Remember that if you are anywhere near Baton Rouge you can call me at 225-907-5280 for help. I will travel to you 24/7! In front of the notary, the Principal, Agent and two witnesses will sign it. The notary will then date, sign and stamp it.

6- I always recommend that you have three original copies, so follow the above instructions on the two other copies.

7- Now you have three original copies of the POA. The Principal should retain one copy, and the Agent should keep the other two.

If you have any questions at all, please feel free to call me at 225-907-5280.

Temporary Custody Of A Child Louisiana

louisiana custody orderI have helped a lot of families to understand what they need to do to get temporary custody of a child in Louisiana. If you need help, please give me a call at 225-907-5280. Whether you hire me to complete the paperwork or not, I will gladly answer any questions that you have. Let’s go over some of the most common ones that I hear.

What is temporary custody of a child? The grantor/principal assigns parental rights to the agent. The assignment of parental rights, created through a mandate (aka “power of attorney”) or court order, is temporary. In other words, you (the parent) give your rights to raise your child to another person, on a temporary basis.

How long does a temporary custody last in Louisiana? In the case of a court order, usually involving a divorce, the judge will decide the length of the custody. If you decide to grant temporary custody yourself, through a provisional custody by mandate, it can not last longer than one year.

louisiana temporary custodyIf I grant someone temporary custody of my kid in Louisiana, can I change my mind? With every mandate (power of attorney) in Louisiana, the principal may cancel the mandate at any time. If you decide to cancel the mandate the next day, you can.

On the temporary custody of a child form that I have it says “Consent to and authorize such medical care,treatment, or surgery as may be deemed necessary for the health, safety, and welfare of the child.” What does that mean? One of the most important aspects of granting temporary custody is that you want your named agent to be able to represent you if your child becomes sick of injured. If your child was to end up in the hospital, you want your agent to be able to talk to the doctors and decide what treatment is needed.

On the form I have it says ” Enroll the child in such schools or educational institutions as may be deemed necessary for his due and proper education.” What does that mean? You need your agent to be able to register your child in school. With a properly executed provisional custody form, your kid’s school will allow your agent to do so.

temporary custody of a child in louisianaMy provisional custody form says “Discipline the child in such reasonable manner as may be necessary for his proper rearing, supervision, and training.” What does that mean? This one is sometimes controversial. If you want your agent to be able to discipline your child, authorize it. If you don’t, do not authorize this. It comes down to trust. If you know that your agent will be reasonable, and discipline the kids as you would, then you need to trust them.

My form says “Do and perform all other such acts as may be necessary for the shelter, support, and general welfare of the child.” What’s that? A parent’s job is to make sure their child is safe. This is what you want your agent to do. You want them to keep a good home, feed, and take care of your child.

What could go wrong? You really need to trust your agent completely! If your agent does not act as a parent should, we all know what could happen. It is extremely important for you to be 100% positive about this decision before ever granting your parental rights to someone else!

Can I use a provisional custody of a child if I will only be away for a month? Absolutely you should! Let’s say that you have to go away for a month on a business trip. It’s the middle of the school year, and your child will be living with your sister for that month. By using a Louisiana temporary custody mandate you are doing the right thing for your child. Now your sister can directly deal with the school, talk to doctors, and legally act in your place while you are gone. When you come back from your trip, you simply withdraw the mandate. To me, this approach shows love.

louisiana childWhat if I want the guardianship to last longer than one year in Louisiana? Using the provisional custody by mandate, you can only get temporary custody for one year, at the most. If you want custody for longer than one year, you need to go to court. A temporary guardianship power of attorney is a very inexpensive way to have guardianship for one year. After the one year is up, you can always execute another provisional guardianship mandate.

How do I get temporary custody in Louisiana? How do I give someone temporary custody? It’s actually easy in Louisiana to get, or give, someone temporary custody. You simply fill out a provisional custody by mandate form, have everyone sign it in front of a notary (like me), and that’s it. It’s a really good idea to have at least two originals to keep in a safe place. You can make copies to give to your doctors and the schools, and of course you will have the originals in case they need them.

If you have any other questions that have not been answered here, just give me a call at 225-907-5280, or contact me by email. If you need help filling out the forms, or you want to meet in person, I can come directly to you 24/7 anywhere in the Greater Baton Rouge area.

 

 

 

* The discussion in this article is not legal advice, and it does not form an attorney-client contract. If you need an attorney, hire one!

 

 

Notarized LSU Baseballs

lsu signed baseballThis is another “Notary Blog” entry, so please excuse my less than professional tone.

Since we won some raffle tickets to watch LSU baseball play in the 2013 regionals this weekend, my son and I went to both games this weekend against Sam Houston State and the University Louisiana Lafayette.

In the Houston game, it was really exciting! A ton of errors, by both teams, made this one of the wildest games I can remember watching. Better yet, a ball that the LSU batter hit over the fence, which should have been a home run, bounced back into the field when it hit some equipment on the other side, and the umps missed the call. That 8th inning comeback was so exciting that it reminded me of being in Tiger Stadium. The crowd went nuts!

In the ULL game, the first half was very boring. The second half got a bit better, but it was still a sleeper game to me. I battled some serious heat in the first half as the wind was not moving at all. Then again, who am I to complain sitting in the bleachers?

The good news is that LSU won all of the weekend games, so we will be hosting Oklahoma in next weekend’s games. Now we just need to find another way to win some tickets!

As for the title of this post, I was thinking about getting the players to sign a ball, and then putting my notary seal on it. Why? Because my youngest son would get a kick out of it. He loves to pick on me about being a notary, and stamping papers all day, so notarizing an LSU baseball would give him something to laugh about for years.

In other notary news, I met a great family this weekend at a local hospital. They needed a Power Of Attorney and Living Will for their elderly mother. The whole family was really wonderful, and it was truly a pleasure to meet them. They all cared about their mom a lot. I was honored to help them.

Today I will be mailing a bunch of companies in a new marketing campaign. This is a test run to see what happens. I am sending 50 postcards to mortgage companies in the New Orleans area, and 50 letters to hospitals and retirement homes in the Baton Rouge area. Hopefully, this should bring me some new commercial business. If it works like I think it should, I will do a full run of 500 postcards and 500 letters, just as soon as I figure out how to get a loan to pay for all of the stamps!

 

Welcome Facebook Friends!

facebookI decided to test Facebook advertising, so for everyone that got to my page via Facebook- welcome!!

My name is George Tull. I am a mobile notary public. That means that I can notarize all of your legal documents, and I actually travel to you! Instead of taking off of work early to stand in line at Sears, Piggly Wiggly, etc., all you need to do is call me at 225-907-5280.

I can visit you anywhere in the Greater Baton Rouge area. That means I travel to Baton Rouge, Denham Springs, Walker, Central, Prairieville, Gonzales, Port Allen, Brusly, Plaquemine, etc. I can meet you at your home, business, nursing home, prison, hospital, or wherever it is convenient for you.

I am available 24/7! So I can meet you at any time, even on Saturday night. If you wondered how you were going to get something notarized during after hours, you have found the solution!

What can I notarize? Any legal document! I can help you with a bill of sale and title transfer if you are buying/selling a car, boat, motorcycle, truck, trailer, rv, etc. I can help notarize your Power of Attorney for financial and healthcare matters. Need an affidavit notarized? I can do that too. Any legal document that requires notarization, I can help you with it! If you need help drafting a document, I can help with that too.

How much do I charge? Not enough. It’s impossible to give a blanket rate because my fees depend on: where you are, the time of day, what you need to be notarized, how many notary stamps you require, and how friendly you are. The best way to get a quote is to just call me at 225-907-5280!

Have a look around my site (I have invested so much time into it), see if you can find the answers here, and then give me a call when you need some help. Once again, thank you for visiting me Facebook friends!

Competency Requirements

competencyAs a mobile notary public serving the Greater Baton Rouge area, sometimes I have to determine if a signer is truly competent to sign. In other words, I need to know that the person signing a legal document has the required competency to actually sign it.

As an example, let’s say that James calls me to visit his mom Susan in the hospital at OLOL. James wants me to notarize a Power Of Attorney that Susan will sign authorizing James to act as her agent on financial matters.

In scenario A: Susan is unconscious. James wants to “help” her sign the POA. Obviously, Susan is not competent, so I will not notarize the POA. She lacks the mental and physical capacity to enter into a contract.

In scenario B: Susan is doing well. She talks to me at length, explains that she knows exactly what the Power Of Attorney is for, and tells me that she is thrilled that James can now deal with her banking on her behalf. Obviously, in this case Susan has the required competency, so I will gladly notarize the POA after it is signed.

In scenario C: Susan is sitting up, talking to the television, and just seems “foggy”. I ask her if she knows what James wants her to sign. She says, “Yes, I do. This is a POA. I like grape jelly a lot!” Is Susan competent to sign this contract? Does she have the required mental capacity to enter into a contract?

I run into scenario C quite often. Sometimes it’s just not easy to determine if a client is truly able to understand what he/she is signing, but I need to live with myself at the end of the day, so I have to make the call that just feels right.

According to The Free Dictionary, competent means, “The quality or condition of being legally qualified to perform an act.” And according to the Law Dictionary, being incompetent is “the condition of lacking the ability to handle one’s affairs due to mental or physical incapacity.” A well understood principle of contract law is “Capacity to contract means the legal competence of a person to enter into a valid contract. Usually the capacity to contract refers to the capacity to enter into a legal agreement and the competence to perform some act. The basic element to enter into a valid contract is that s/he much have a sound mind”

In the end I really have to use my best judgment to decide if someone is competent. If the signer is awake, can explain what they are signing, and can carry on a conversation with me, they should be considered competent.

 

 

Yahoo Local Listing

yahooI finally got listed on Yahoo Local under the Baton Rouge Notary Public section. It took forever, but I finally made it! Now you can review my services on Yahoo. You can find that link on my Reviews page here: REVIEWS.

To all of my customers, thank you! Your feedback means a lot to me, and I really do appreciate it! Remember that you can always call me at 225-907-5280 with any questions or concerns.