Metairie Power of Attorney and Living Wills Lawyer

Planning for the future can relieve your loved ones of the burden of having to guess what your wishes are in the event of a serious accident or illness that leaves you incapacitated. A Power of Attorney and Living Will allow you to designate trusted individuals to handle critical matters on your behalf.

At WJ Blanchard Law, our Metairie Power of Attorney and Living Wills lawyer helps individuals and families establish legally binding documents that protect their preferences. Whether you need to assign financial authority to someone you trust or outline your medical treatment preferences, our trusted firm can guide you through the process of creating a comprehensive estate plan.

Call (504) 313-7478 for a consultation today.

Understanding the Power of Attorney in Louisiana

A Power of Attorney (POA) is a legal document that allows a designated individual (agent) to make decisions on behalf of someone else (principal). This document can be customized to grant broad authority or limited authority. Having a POA in place ensures that important matters are handled according to your wishes in the event that you are unable to act on your own behalf.

Common Types of Power of Attorney

There are multiple types of POAs, each designed to serve different purposes. A general Power of Attorney grants broad authority to the agent so they can handle important financial or legal matters on behalf of the principal. A limited Power of Attorney provides specific powers to the agent for a defined purpose or period of time.

A durable Power of Attorney remains in effect even when the principal becomes incapacitated. Similarly, a medical Power of Attorney allows the agent to make important healthcare decisions if the principal is unable to communicate their preferences.

The Importance of a Living Will

A Living Will is an essential part of any estate plan that outlines the person’s medical treatment preferences in case they become incapacitated and unable to communicate their wishes.

This document provides clear directives to healthcare providers and family members. During difficult times, such as when end-of-life care is being administered, this document can relieve family members of the difficult position of having to guess what their loved one wants.

What a Living Will Covers

A Living Will typically addresses the following types of medical decisions:

• Use of life-sustaining medical tools, like feeding tubes and ventilators
• Resuscitation preferences in the event of a cardiac or respiratory failure
• Palliative care and pain management directives
• Organ and tissue donation wishes

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Creating a Legally Valid Power of Attorney and Living Will

Louisiana sets specific rules for drafting and executing a Power of Attorney and Living Will. These documents must be properly signed by someone who is of sound mind. It must also be witnessed to be enforceable.

Steps for Creating a Power of Attorney and Living Will

The first step when drafting a Power of Attorney or Living Will is to seek legal representation from someone who understands estate planning. An estate planning attorney can take the time to learn about your goals and what type of estate planning tools you need.

Once your attorney understands what type of Power of Attorney or will you need, they can begin drafting the documents. The language your lawyer uses is critically important because it must clearly outline the scope of authority and your preferences.

These types of documents must be signed in front of a witness. Powers of Attorney also require notarization to be legally binding. A lost Will or Power of Attorney is of no use to anyone. Store these important documents in a fire-safe box or another safe location, or make sure your attorney has a copy on hand that can be printed and certified as an exact copy of the original.

Common Mistakes and How to Avoid Them

There are a variety of mistakes that can lead to confusion in the use of a Power of Attorney or worse, a Power of Attorney being deemed invalid. Here are a few of the more common mistakes you can avoid by working with an attorney who understands Louisiana estate planning:

• Failing to Update Documents: As we age, our preferences and goals change. Estate planning documents should be reviewed frequently and updated to ensure they still serve their intended purpose.
• Choosing the Wrong Agent: If you choose someone unreliable or untrustworthy, you could end up doing yourself more harm than good. Choose someone who has earned your trust and has the time to handle your financial and medical affairs.
• Not Clearly Specifying the Limits of Authority: Your Power of Attorney should clearly define the scope of the agent’s powers. This can help prevent misunderstandings or overreach of power.
• Improper Execution: If the Living Will or Power of Attorney is missing signatures or lacks credible witnesses or notarization, this will likely render the document invalid.

Does a Power of Attorney Need to Be Notarized in Louisiana?

In Louisiana, for a power of attorney to be legally effective, it must be executed before a notary public and two competent witnesses. Without these formalities, the document may not be honored by financial institutions, healthcare providers, or other parties relying on its authority. To ensure your power of attorney is enforceable and properly structured, it’s advisable to consult with a Metairie power of attorney lawyer who understands the nuances of Louisiana law.

Financial Power of Attorney vs. Medical Power of Attorney

A financial power of attorney allows someone to act on your behalf in managing assets, paying bills, or handling real estate transactions. A medical power of attorney, on the other hand, gives a trusted individual authority to make healthcare decisions for you if you become unable to do so. This medical directive is often used alongside a living will. Consulting with a Metairie living will attorney is a key step in making sure both your financial and healthcare preferences are clearly documented and legally protected.

Can a Power of Attorney Be Used to Sell My House?

A properly drafted power of attorney can authorize your agent to sell real estate, including your home, provided that authority is expressly granted in the document. The POA must also be recorded in the parish where the property is located in order to be used for such transactions. Given the potential consequences of granting this level of authority, it’s critical to work with a Metairie power of attorney lawyer who can tailor the language of the document to fit your specific needs and protect your interests.

How Long Does a POA Remain in Effect?

The duration of a power of attorney depends on how it is drafted. Some are limited in scope or time, created for a specific task or situation. Others, known as durable powers of attorney, remain effective even if the principal becomes incapacitated. Unless revoked or limited by a specific expiration date, a durable POA in Louisiana continues until the principal’s death. If

Contact a Metairie Power of Attorney and Living Wills Lawyer Today

Preparing for the future involves more than just creating a Will. A Power of Attorney and Living Will ensure that your financial and medical decisions align with your wishes, even if you cannot make them yourself. Whether you need assistance drafting these documents or updating an existing estate plan, WJ Blanchard Law is here to help.

Our firm was founded by a lifelong resident of the New Orleans Metro area. Our lead attorney worked at a prominent law firm here in Metairie before forming his own firm, and he brings a wealth of experience and knowledge to the benefit of his clients.

Call (504) 313-7478 today to schedule a consultation with an experienced Metairie Power of Attorney and Living Wills lawyer and secure your future.

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