Baton Rouge Power of Attorney Lawyer

Baton Rouge Power of Attorney

Any legal situation can be difficult, but the ones that affect financial decisions are especially tough. If you are considering getting power of attorney for a loved one, it can be hard to determine whether or not it is necessary for your situation. A Baton Rouge power of attorney lawyer can explain how the tool can empower a family to make informed decisions on behalf of their loved one so that they can know they are being taken care of.

Giving Every Client Personalized Care

Shelby Law Firm is guided by its core values of respect and integrity. Our team is dedicated to providing individualized attention to each case because we know that every legal situation is unique. We work collaboratively with clients to make sure every decision is made with a clear and transparent plan. Our goal is to operate under the highest ethical standards to build trust and create solutions that align with our client’s interests.

Why Is a Power of Attorney Document Helpful?

Power of attorney (POA) refers to a document that allows a principal, the owner of an estate, to grant permission to another person, known as an agent, to act for them. This does not mean that the agent automatically controls the principal’s entire life, and there are many ways to limit the number of decisions that an agent can make. However, a POA helps to make sure that the principal’s affairs are handled the way they want them to.

Many individuals create POAs in the event that they become ill, disabled, or otherwise incapacitated and cannot make their own decisions. In Louisiana, most POAs are durable, which means that they continue to be valid even if the individual is no longer able to make decisions on their own. However, if the principal is still mentally able to make decisions, then they can revoke the POA at any time.

POAs can be quite broad or extremely narrow in focus, depending on the wishes of the principal. If they want a more comprehensive management of their affairs, then they can issue what is called a general power of attorney. This is usually used to give an agent the ability to do things like manage bank accounts and property and sign financial or legal contracts.

Other types of POAs, called limited or special POAs, can be used if the principal wants to only allow a small number of decisions to be made on their behalf. They are commonly used for things like certain real estate transactions and the ability to register a vehicle or file taxes for the principal. A POA can elaborate on what actions the agent can and cannot take according to what the principal wants to make sure the agent does not overstep.

Who Can Be an Agent for a POA?

There are certain requirements for individuals who are being considered as an agent for a POA. They must be at least 18 years old and deemed to be mentally competent so that they can make sound decisions. If they meet the qualifications, then they must formally accept the role, which is documented on the POA form.

Generally, it is important for the principal to select an agent that they have a lot of trust in. The agent usually has a lot of decision-making power, so the principal must be comfortable with that individual and their ability to make decisions and solve problems. It is also a good idea to review the potential agent’s affiliations to prevent them from having a conflict of interest in managing the principal’s affairs.

FAQs

Q: What Is a Power of Attorney?

A: Power of attorney is a legal document created by one party to act for another party. The party that is allowing another person to watch over their assets is called the principal, while the party actively overseeing the estate is called the agent. The scope of a power of attorney can be quite broad or quite limited depending on the context of the situation and what the document says. A power of attorney can allow for action on legal matters, financial matters, or both.

Q: Do You Need a Lawyer to Get a Power of Attorney in Louisiana?

A: While you do not legally need a lawyer to get a power of attorney in Louisiana, doing so offers many benefits. If you have a complicated financial or family situation, an attorney can help create a document and tailor it to you and your family’s needs to avoid common mistakes made when filing for power of attorney. They can also make sure it follows Louisiana law as well as another jurisdiction if one party lives out of state lines.

Q: Can a Power of Attorney Be Revoked in Louisiana?

A: Power of attorney can be revoked in Louisiana as long as the principal is mentally fit enough to do so. The revocation must be done in writing and requires additional steps for the revocation to be legally valid. It is also possible to reassign a new agent, if desired, to oversee your assets. Due to the complicated nature of civil codes in Louisiana, it is a good idea to review this decision with an attorney to make sure your power of attorney revocation is legally valid.

Q: What Are the Different Types of Power of Attorney?

A: There are two different types of power of attorney in Louisiana: general and limited (or special). A general power of attorney tends to give more control to the agent over what decisions they can make by assigning them general categories, like health, finance, or legal decisions. A special power of attorney allows the principal to detail what kinds of decisions the agent can make, and they can even create multiple POAs to allow different people to do different things.

Control Your Future

A well-crafted power of attorney document can provide peace of mind for your loved ones. Even if you are not expecting to be incapacitated anytime soon, it’s good to know your options to make sure your legal and financial matters are handled with care and precision. Schedule a consultation with Shelby Law Firm today to put important legal and financial decisions into trusted hands.