-
-
Unfortunately, you would be subject to “living probate,” also known as a conservatorship or guardianship proceeding. If you become mentally disabled before you die, the probate court will appoint someone to take control of your assets and personal affairs. These “court-appointed agents” must file a strict accounting of your finances with the court. The process is often expensive, time-consuming and humiliating.
-
-
-
Unless you have planned properly, you probably will be kept on life support. In most states, you will be kept on life support unless there is clear evidence you expressed wishes to the contrary; usually this requires something in writing.
-
-
-
A court would have to appoint a Conservator. Nobody but the Conservator would be able to act for you.
-
-
-
Again, if you haven’t planned, nobody can act for you until the court appoints a Guardian and/or Conservator for you. If bills, such as your son’s tuition, need to be paid in the interim, a friend or family member would have to use their savings or borrow to pay the bill.
-
-
-
In Louisiana, a Power of Attorney, or Mandate, allows you to name someone to act on your behalf. They can handle tasks like managing finances, making legal decisions, or even overseeing healthcare if you grant that authority. The scope is up to you, and it remains in effect until you revoke it or pass away. Ready to learn more? Contact us today!
-
-
-
Estate planning ensures your healthcare wishes are honored by including key documents like a Healthcare Power of Attorney and a Living Will. These documents let you name someone to make medical decisions for you if you’re unable to and outline your preferences for end-of-life care. Want to make sure your plan covers your healthcare wishes? Contact our experienced team by calling (504) 831-2348 or by using our Contact page.
-
-
-
Incapacity planning involves preparing legal documents that allow trusted individuals to manage your affairs if you become unable to make decisions for yourself. Without a plan, your loved ones may have to go through a court process to obtain authority over your finances and medical care.
By putting the right legal tools in place, you can control who makes decisions on your behalf and how your assets and health care will be handled in the event of an unexpected illness, injury, or cognitive decline.
-
-
-
Many people assume their spouse or children can step in automatically if they become incapacitated, but Louisiana law does not work that way. Even close family members have to seek guardianship, which can be costly, time-consuming, and emotionally draining.
A well-structured incapacity plan allows you to:
- Avoid court involvement by granting decision-making authority to trusted individuals
- Ensure your financial affairs remain in order if you become unable to manage them
- Protect your medical wishes by outlining the type of care you do or do not want
- Prevent family disputes by providing clear instructions
-
-
-
A solid incapacity plan typically includes the following key legal documents:
Durable power of attorney
A durable power of attorney allows you to appoint someone (your agent) to handle financial and legal matters if you become incapacitated.
This document remains in effect even if you lose mental capacity, ensuring that bills are paid, investments are managed, and other financial responsibilities are handled without court intervention.
Medical power of attorney (healthcare proxy)
A medical power of attorney, also known as a healthcare proxy in Louisiana, allows you to designate someone to make medical decisions for you if you cannot communicate your wishes.
This person can consult with doctors, authorize treatments, and make other healthcare-related choices on your behalf.
Living will (advance directive)
A living will outlines your preferences for end-of-life medical care. It specifies whether you want life-sustaining treatments, such as ventilators or feeding tubes, in the event of a terminal illness or irreversible condition. This document helps ensure that your healthcare choices are respected.
HIPAA authorization
A HIPAA authorization allows your designated representatives to access your medical records and communicate with healthcare providers. Without this authorization, privacy laws may prevent even close family members from obtaining necessary information about your health.
-
-
-
If you become incapacitated without a power of attorney or healthcare proxy in place, your family may have to petition the court to be appointed as your legal guardian.
In Louisiana, this process is known as interdiction and involves proving in court that you can no longer manage your affairs.
Interdiction can be costly, time-consuming, and stressful for your loved ones. It can also lead to family disputes over who should be in charge of your decisions.
By planning ahead, you can avoid court intervention and ensure that the right people have legal authority to act on your behalf.
-
-
-
Yes. As long as you are mentally competent, you can update or revoke your incapacity planning documents at any time. It’s a good idea to review your plan regularly, especially after major life changes such as marriage, divorce, the birth of a child, or the loss of a loved one.
-
-
-
If you become incapacitated, your financial affairs may become disorganized, which can complicate the administration of your estate after your passing. A well-prepared incapacity plan helps ensure a smooth transition by keeping your assets properly managed.
Additionally, if you have a revocable living trust, the successor trustee you appoint can step in immediately to manage trust assets if you become incapacitated. This avoids the need for court intervention and makes succession much simpler for your heirs.
-
-
-
Yes. If you need long-term care in a nursing home, Medicaid can help cover the costs. However, Medicaid has strict financial eligibility requirements, and without proper planning, you may have to spend down assets before qualifying.
Through tools such as a Medicaid asset protection trust, you can protect certain assets while ensuring eligibility for benefits. Because Medicaid has a five-year look-back period, it’s essential to plan in advance to avoid penalties or delays in qualification.
-
-
-
Selecting the right person for your power of attorney is one of the most important decisions in incapacity planning. Your agent should be:
- Trustworthy – They will have access to your finances and personal information.
- Financially responsible – They should be capable of managing money and making sound financial decisions.
- Willing to serve – They must be comfortable taking on the role and acting in your best interest.
It’s also wise to name a backup agent in case your first choice is unable to serve when needed.
-
-
-
An estate planning attorney in Metairie, LA, can help you:
- Draft legally valid incapacity planning documents tailored to your needs
- Avoid common mistakes that could render your documents ineffective
- Ensure compliance with Louisiana laws on succession and guardianship
- Implement strategies to protect your assets from long-term care costs
Planning ahead ensures that your wishes are honored and that your loved ones are not burdened with unnecessary legal hurdles.
-
Let’s get started!
Our firm can help you create a well-rounded plan that covers all of your bases effectively. To set the wheels in motion, send us a message or call our Metairie, LA estate planning office at 504-831-2348.
