A general power of attorney will enable you to appoint someone you trust to act on your behalf in almost all legal and financial matters. This document is sometimes referred to as a "durable power of attorney" or, in Louisiana, an Act of Procuration.
This can be a critical document, sometimes overlooked by individuals who believe they have taken all necessary steps to protect their loved ones and their assets. If you should become incapacitated and this document has not been executed, funds in your name cannot be accessed for your care of for any other purpose without court action. In such a case, it would be necessary to provoke a court hearing to declare you incompetent and appoint a guardian on your behalf. Those difficult and time-consuming steps can be avoided by the prior execution of a simple document.
The document can be structured to take effect immediately upon its being signed, or it can go into effect upon proof of incapacity. One should be cautious when setting up the latter situation, however, as it may require the same court action that one was trying to avoid.
