What to Do When Loved Ones Cannot Care for Themselves
Today, more than any other generation, people find that they have to care for their aging parents or siblings. In some cases, the aging or disabled adults require assistance and help with taking care of medical, personal or financial decisions. As long as the individual is competent, he or she may determine the person or institution to provide personal care or make financial decisions. In some cases, however, the person to be cared for failed to make arrangements for his or her care prior to becoming incompetent; in these cases, the individual’s loved ones may seek interdiction through the court system.
Power of Attorney
An individual may authorize another individual to make decisions on his or her behalf. Although technically under Louisiana law it is a contract of mandate or procuration, this is commonly done through a power of attorney document. Powers of Attorney can authorize individuals to perform certain limited acts or provide broad authorization. Individuals who sign powers of attorney should seek counsel as the authority may be abused and the powers should be carefully considered.
Interdiction
When a person loses the ability to make or communicate reasoned decisions regarding the care of himself or his property, interested parties may seek to protect the individual and his property through interdiction. Interdiction is legal transfer of authority from the interdict to a person appointed by the court to make legal decisions relating to the interdict and his property.
Interdiction divests the individual of the right to manage his own affairs, and as such, Louisiana courts generally consider this an extreme measure and typically seek to find less restrictive means to assist the individual. If you are seeking to care for a loved one who is unable to make reasoned decisions regarding his care or property, you should seek the advice of legal counsel right away.
The Danenhower Law Firm can help you determine the best and most appropriate way to protect your loved one and his property, whether it be through drafting powers of attorney or seeking interdiction.
