Category Archives: Power Of Attorney

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When poor old Mary dies, that POA is no longer in effect.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in effect during Mary’s last days when she was no longer competent and conscious, but as soon as Mary passes Susie can no longer represent Mary.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!!!

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!

 

 

Louisiana Temporary Custody Of A Child Form

use the louisiana provisional mandate to grant temporary custody of the childLet’s say that you want to grant custody of your child to your sister for a few weeks, but you don’t want to hire an attorney and get permission from the family court to transfer guardianship to your sister. What can you do? With the Louisiana Provisional Custody By Mandate form you are basically granting a power of attorney for your sister to act as the agent on your behalf in regards to your child, and to give temporary custody of the child. If this form is properly executed, your sister can enroll your child in school, take her to the doctor, etc. Your sister is practically the legal guardian of your child, without the burdens involved in transferring guardianship of a minor in Louisiana. This is an ideal form to use to grant temporary custody of a minor in Louisiana.

An important distinction in using the LA Provisional Custody instead of seeking an order from a family judge to transfer guardianship of the child is that this provisional custody is truly “provisional”. It will not last longer than a year, and it can be dated to last much shorter than a year. It’s supposed to be used to grant a temporary authority to act as the parent of your child.

To use this free form simply click on the following link: Louisiana Provisional Custody By Mandate Form

If you need any help with the form please call me at 225-907-5280. As a mobile Baton Rouge notary, I can travel to you 24/7 anywhere in the Greater Baton Rouge area.

What Is A Power Of Attorney

As a Baton Rouge Notary,one of the most common documents that I notarize is a Power Of Attorney. Here are a few videos I found that do a good job of explaining a POA. If you need to get your Power Of Attorney notarized in the Greater Baton Rouge area, please give me a call at 225-907-5280.



If you have any questions about a POA, please call me at 225-907-5280.

 

Power Of Attorney

If you need a notary to help with the signing of your Power Of Attorney, call George at 225-907-5280. As a Mobile Notary Public serving the Greater Baton Rouge region, I can come to your home, business, hospital, nursing home or wherever it is convenient. Best of all, I am available to notarize your POA in the Baton Rouge area 24/7! I really enjoy meeting people as a notary. One of the most common calls I get is to help with a Power Of Attorney (POA). I cover all of East Baton Rouge, West Baton Rouge, Livingston, Ascension and surrounding parishes.

A Power Of Attorney is made by the grantor (the one granting power, also known as the principal) so that an attorney-in-fact (the person authorized by the grantor,also known as the agent) may act on their behalf. A POA may be durable, so that the mandate continues even after the grantor is incapacitated. A POA in Louisiana may be broad so that the agent may handle all affairs for the grantor, except for medical issues. A POA can also be very specific, such as for only one particular real estate transaction.

A Power Of Attorney may also be used for medical affairs, but that is not included in a general mandate. A Healthcare Proxy can be made whereby the agent can make medical decisions on behalf of the grantor, should the grantor not be able to make them on his own.

In Louisiana, the agent must present the original notarized Power Of Attorney when conducting any affairs on behalf of the grantor. It is very important to make sure that the type of affairs that you want your agent to handle are specifically listed in the POA. Notice that the POA must be notarized!

If you are in the Baton Rouge region and would like for me to visit you to notarize a Power Of Attorney, please call me at 225-907-5280.