Incapacity Planning in Louisiana – All You Need to Know

Planning for the unknown can feel heavy. While you may not want to imagine being unable to speak or act for yourself, thinking ahead can protect your family from stress and your future from the unknown. Having a legal plan for potential incapacity gives you a voice when you can no longer use it.

Incapacity Planning in Louisiana – Estate Planning Law Firm

At the Shelby Law Firm, our compassionate legal team shares extensive experience helping families prepare for future health decisions with confidence and clarity. We understand just how daunting these scenarios may be and are prepared to support you through every step of the planning process. Our firm is dedicated to helping each of our clients find personalized solutions that meet their unique needs for the future.

Understanding Incapacity in Louisiana

Many people wait too long to consider incapacity and its potential implications for them. Unfortunately, health problems can happen without warning. A person who is incapacitated may not be able to pay their own bills or make serious health decisions for themselves. Louisiana law looks at whether someone can adequately care for themselves and make reasonable decisions.

According to recent surveys, less than 50% of Americans have a legal will or estate plan in place. Louisiana has over 4.5 million people living across the state, and a majority of them do not have an adequate estate plan in place. This means if something were to happen to them and they became incapacitated, their medical treatments and financial decisions would be made by a court-assigned advocate, not one of their own choosing.

Legal Tools for Incapacity Planning

Louisiana estate planning attorneys use a few standard documents in incapacity planning cases. These documents give others the legal right to step in when you can’t. The most common documents used to plan for incapacity include:

• General Power of Attorney or Medical Power of Attorney. Power of attorney (POA) documents give assigned individuals certain legal rights and responsibilities. When someone is given general POA, they are generally responsible for financial, medical, and other important decisions. If you are given strictly medical POA, you only have the right to make medical decisions on someone’s behalf.
• Living Will. Another important planning document is a living will. If you create a living will, you can detail the type of treatment you’d like to receive when you can no longer speak for yourself.
• HIPAA Release. This document simply gives another person permission to view your medical records.

When Should You Start Estate Planning?

It’s always smart to start planning for your future sooner rather than later. While many people wait until health problems begin, at that point, it may be too late to sign anything into existence. You must have adequate mental capacity to create a power of attorney or other important legal documents. Early planning lets you stay in control while you still can. A skilled estate planning lawyer can help you create a plan that fits your unique needs and gives you peace of mind.

How a Louisiana Estate Planning Lawyer Can Help

Because estate laws can vary from state to state and even parish to parish, it’s critical that you work with a knowledgeable estate planning attorney who can help you create a legally valid document that addresses all of your needs. A knowledgeable Louisiana estate planning attorney can help with:

• Preparing Documents. Our lawyers can draft power of attorney documents, create healthcare directives, and ensure that every document you file is legally valid and adheres to state requirements.
• Explaining Your Rights and Options. Planning for your future, especially potential incapacitation, can be scary. However, a compassionate lawyer can help you better understand your rights and legal options, helping you feel comfortable with the choices you make for your future.
• Making Important Decisions. Your attorney can walk you through the pros and cons of naming certain people as your power of attorney. They’ll help you think through your options and ensure you feel confident with your plans.
• Avoiding Future Problems. A clear estate plan can prevent your family from having to go to court over disputes in the future.

Why Choose Shelby Law Firm?

At Shelby Law Firm, legal skill is only part of the equation. We have been a women-owned firm since 2002 and treat every client with dignity, respect, and compassion. With more than 20 years of experience, we have the local knowledge and insights needed to help you create an estate plan that gives you confidence and peace of mind for the future.

FAQs

Q: How Do You Have Someone Declared Mentally Incompetent in Louisiana?

A: To have someone declared mentally incompetent in Louisiana, you have to file a petition for interdiction with your local court. This legal process asks a judge to decide if a person can care for themselves. Evidence must show that the person lacks capacity due to some sort of medical condition. If the court declares your loved one incapacitated, they will appoint someone to make decisions on their behalf if they do not have a legal POA or will in place.

Q: How Do You Plan for Incapacity in Louisiana?

A: To plan for incapacity, you should create legal documents, such as an estate plan or a power of attorney, to ensure your voice is heard even when you cannot speak for yourself. By creating an estate plan before you’re incapacitated, you can find peace of mind knowing that someone you trust will take over if things ever get to that point. Working with a Louisiana estate planning attorney can help you avoid errors and ensure you build a legally sound estate plan.

Q: What Legal Documents Should Be Used When a Person Becomes Incapacitated in Louisiana?

A: When a person becomes incapacitated in Louisiana, certain documents can provide assistance. For example, a financial power of attorney allows a person to handle your financial matters when you cannot do so. A medical power of attorney allows someone to make medical decisions and voice your needs for you. It’s crucial that you create an estate plan before you’re incapacitated to ensure your wishes are followed in the future.

Q: How Is Incapacity Determined in Louisiana?

A: When determining whether someone is incapacitated in Louisiana, local courts will look at the individual’s capabilities. Being legally incapacitated means that you cannot manage your affairs or your health on your own. A judge can assess medical records, daily behavior, and other records that demonstrate an individual’s behavior on their own. Family members may be asked to give specific examples of mental incapacity.

Hire an Estate Planning Lawyer You Can Trust

Taking time to think about incapacity now can spare your loved ones heartache later. At the Shelby Law Firm, we understand just how emotional planning for your future can be. That’s why we’re ready to help you through every step of the process. Contact us today to start creating an estate plan that helps you feel confident about your future.