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We are all going to die, someday...

patikates

Don’t think that because the pandemic is behind us or is "under control" that you should stop thinking about what you would do if you got sick? Or even worse, if you were hospitalized? What would your children or spouse do? How would they handle the situations that occur? Do they even know what your medical wishes are?

Having an advance directive helps alleviate the stress and concerns that you and your family would be going through at such a time. Be assured that you are helping your family in this crisis situation AND having your wishes adhered to when you are unable to communicate them. Advance directives could include:

1. Living Will - this is regarding life sustaining procedures (request/denial). There is a form on the Louisiana Secretary of State website for a Living Will or Living Will Declaration Form. https://www.sos.la.gov/OurOffice/PublishedDocuments/LivingWillDeclarationForm.pdf

2. Powers of Attorney - basically you can give someone power to act on your behalf for anything that is legal to do or regarding anything that you have the legal ability to do. Although most people know these documents as "power of attorney" they are actually "mandates or "procurations." A Mandate is a contractual term and follows contract law. It is a transaction in which a person (mandator) confers authority on another person (mandatory or agent) to act for the principle. There is also the unilateral juridical act - procuration. Both share the common law principles of "power of attorney." You can give someone this power of attorney to get your car out of impound (limited power of attorney), make medical decisions (medical power of attorney), or care for your children (provisional custody). As stated earlier, you can basically give someone power to act on your behalf for anything that you have legal authority to do in your own right. Having said that, a power of attorney CANNOT give the power to create a will on behalf of the principle. There is also the consideration of having that power of attorney "durable." Durable meaning that the authority continues to be effective despite the principle’s disability (mental or physical). Until such time, powers of attorney or revokable.

3. Do Not Resuscitate Order (aka “DNR”) - we all know what this document is. It is a directive stating that you do not want to be resuscitated should your heart fail at any particular or specific time.

4. Organ donation - again, and obvious, if you would like to have any particular organs donated, to whom, and under any particular situation.

5. Last Will and Testament (Notarial Testament) – your last wishes.  In Louisiana, there are two forms of wills: an olographic – a will written and executed ENTIRELY in the testators OWN handwriting; and a Notarial Testament – a will written under the direction of the testator, executed by the testator, two witnesses and a notary public.

Using an experienced Louisiana Notary Public can be an extremely cost-effective and wonderfully convenient alternative for the preparation, execution and authentication of most legal documents. Let me help you prepare for any situation; an advance directive, a will, or any other form of document or notarization. I am a Louisiana Notary Public with over 30 years of paralegal and notary experience. I can help you prepare for the known AND the unknown/unexpected by preparing and executing one or all of these documents.

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