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  1. #1

    Default Power of Attorney Needed in Louisiana

    My question involves a power of attorney in the state of:Louisiana.

    My father is 84 and will be assigned to a nursing home in the next few weeks. He was declared/certified incompetent by hospital staff to handle his own affairs. He also has a severe heart defect.

    What do I need to do to get power of attorney to settle his estate?

    Ideally I would like to do get the power of attorney without an expensive and time consuming process with a lawyer. Are there forms I can download and get my father to sign it? Would I need to have a notary present during the signing?

  2. #2
    Join Date
    Sep 2010
    Posts
    19,674

    Default Re: Power of Attorney Needed in Louisiana

    If your father is incompetent he can NOT grant you a power of attorney (and you can not get one at this point).
    You will have to go to court and be appointed guardian.
    He doesn't have an "estate" until he dies. At that point, the POA/guardianship is MEANINGLESS.

    The question (and I recommend you get a lawyer involved on this) is to determine that he is at least competent to understand a grant of power of attorney and execute one while you still can. Nobody is obliged to TAKE you as his attorney, so the tighter and more official it appears to be, the better chances you will have.

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