Estates, Wills, and Guardianships

A will or estate plan ensures that you follow your wishes. It also reduces disputes among heirs. In Louisiana, intestacy laws apply if someone dies without a will. Assets are then distributed per the Civil Code, which may not align with your wishes. 

Learn more about making a will or estate plan by visiting, Wills. 

Consulting an attorney can help ensure your will meets all legal requirements. Learn more at Finding and Hiring a Lawyer. 

To draft a will, consider: 

• Listing all assets, including physical property, financial accounts, and digital assets. 
• Identifying beneficiaries and specific bequests. 
• Appointing an executor to handle the administration of your estate. 

For a notarial will, the testator must: 

• Sign in the presence of a notary and two witnesses, 
• Declare the document to be their last will, and 
• Follow all procedural formalities outlined in the Louisiana Civil Code, Art. 1576 to avoid challenges. 

Learn more about drafting and signing a will by visiting, Wills. 

Consulting an attorney can help ensure your will meets all legal requirements. Learn more at Finding and Hiring a Lawyer. 

In Louisiana, you can update your will by adding a codicil. A codicil is a legal document that makes changes, additions, or clarifications to your existing will without rewriting the whole thing. To be legally valid, it must be done with the same formalities as a will—signed and witnessed (or notarized if using a notarial will). This is useful if you only need minor updates, like changing beneficiaries, updating an executor, or adding new instructions. However, if you have many changes, it may be better to create a new will to avoid confusion.

Learn more about updating a will through a codicil by visiting, Wills. 

In Louisiana, POD accounts let the account holder name a beneficiary. The beneficiary gets the account's funds upon the account holder's death. This bypasses probate, providing a fast and straightforward way to transfer assets. POD accounts are often used for savings or checking accounts. They are a key part of estate planning. 

Military personnel face unique estate planning challenges. These include frequent relocations and deployments. Key considerations include:

• Drafting a will that complies with both state and federal laws. 

• Designating guardians for minor children in case of deployment or death. 

• Using benefits like Servicemembers' Group Life Insurance (SGLI) and Survivor Benefit Plans (SBP). 

The Servicemembers Civil Relief Act (SCRA) may provide protections that ease the estate planning process. 

If you have a beneficiary with a disability, a special needs trust (SNT) may be essential. A SNT allows a disabled individual to receive financial support without jeopardizing their eligibility for government benefits like Medicaid or Supplemental Security Income (SSI). The trust must be carefully drafted to comply with federal and state laws. 

For more information, see Estate Planning for a Beneficiary with A Disability. 

Life insurance can serve as a critical tool in estate planning. Proceeds from a life insurance policy provide liquidity to:

• Pay debts, including estate taxes.

• Fund trusts for minor children or disabled beneficiaries, and

• Ensure immediate financial support for dependents. 

Louisiana law excludes life insurance from probate when you name a beneficiary. This ensures faster distribution to intended recipients. 

An advance directive is a legal document. It lets you express your care wishes if you can't decide due to illness, injury, or incapacity. Common advance directives are a healthcare power of attorney (HCPOA) and a living will.

Why is it important? 

• Advance directives let you control your healthcare if you cannot communicate your wishes.

• Advance directives clarify your wishes. This reduces stress and family conflicts over your care. 

• Your advance directive helps doctors and staff. They use it to provide care that matches your values and wishes. 

• Advance directives help prepare you for emergencies. Anyone can face severe accidents or sudden illnesses. An advance directive ensures that you have a voice in these scenarios.

You need advance directives when you are unable to make decisions for yourself due to:

1. Incapacitation: You're unconscious, mentally incompetent, or unable to communicate. This includes being in a coma or after a stroke. 

2. Progressive illnesses: Conditions like dementia or Alzheimer's that may impair decision-making over time. 

3. Terminal Conditions: End-of-life scenarios where life-sustaining treatments are at stake. These include ventilators and feeding tubes. 

Examples: 

• Unforeseen Accidents: If you’re in a car accident and become unconscious, an advance directive can state your treatment wishes. 

• Severe Illnesses: If a doctor finds you terminally ill and you can’t speak for yourself, it ensures that your end-of-life care matches your wishes. 

Incapacity can happen at any time. So it’s best to create an advance directive while you are healthy and of sound mind. It will prepare you for the unexpected.

Without an advance directive, providers will consult the following people to make decisions for you: 

1. An appointed legal guardian.
2. Your spouse.
3. Your adult children.
4. Your parents.
5. Your adult siblings.
6. Other relatives.
7. An adult friend.

Key Considerations:

• Lack of Control: Without an advance directive, you can’t express your wishes about medical care, including end-of-life decisions. 

• Disputes: Conflicts may arise if the family can’t agree on your care. This could delay medical decisions. 

• Decisions May Not Reflect Your Wishes: The decision-maker may not know or act on your preferences.

In Louisiana, three advance directives let individuals outline their medical preferences. They are: 

1. Living Will: A Living Will states if you want to stop life-sustaining treatments. This includes things like artificial nutrition and hydration. This applies if you have a terminal or irreversible illness. It applies only when two doctors certify your prognosis. It guides end-of-life decisions. For more information, see Living Wills. 

2. Health Care Power of Attorney (HCPOA): This document lets a trusted person (agent) make health care decisions if you become incapacitated. An HCPOA differs from a living will. It can cover all medical decisions, not just those for terminal conditions. For more information, see Healthcare Power of Attorney (HCPOA). 

3. LaPOST (Louisiana Physician Order for Scope of Treatment): This is for patients with a year or less to live due to terminal illness. LaPOST documents their medical preferences, which are made by a physician. This form acts as a physician’s orders and travels with the patient across care settings. Unlike a living will or HCPOA, this document serves in situations where death is near.

A healthcare power of attorney (HCPOA) and a living will are both types of advance directives, but they serve different purposes:

Most people choose to have both documents, the HCPOA and living will for comprehensive healthcare planning.

The LaPOST document (Louisiana Physician Order for Scope of Treatment) is a medical form that records a seriously ill patient’s choices for end-of-life care. It is completed with a doctor’s help to make sure the patient’s wishes are followed, whether they are in a hospital, nursing home, or receiving care at home. 

What You Need to Know About LaPOST

• Who It’s For: This document is for people with serious, irreversible illnesses, and a life expectancy of less than a year. 

• What It Covers: It details the patient’s preferences for treatments like CPR, ventilators, feeding tubes, and IV fluids. 

• Legal Standing: It is a doctor’s order that healthcare providers must follow. 

• Works Anywhere: The document stays valid across different healthcare settings. 

Who is it for?

LaPOST is recommended for people who: 

• Have serious illnesses like advanced cancer, organ failure, or dementia. 

• Have been told they likely have less than a year to live. 

• Want to make sure their end-of-life care follows their wishes.

LaPOST helps prevent unnecessary medical treatments and ensures that doctors and family members understand what the patient wants. 
For more information about LaPOST, you can visit their website.

No, you don’t need a lawyer to create a living will or healthcare power of attorney in Louisiana. But consulting one can be helpful if you have questions or specific needs. For more information, see Finding and Hiring a Lawyer.

A healthcare power of attorney (HCPOA) is a legal document. It lets you (the principal) authorize another person (the agent) to make healthcare decisions for you if you become incapacitated. 

Your agent can make decisions such as: 

• Granting, refusing, or withdrawing consent for medical treatments, surgeries, and medications. 

• Accessing your medical records and discussing your care with healthcare providers. 

• Deciding on admission or discharge from hospitals, nursing homes, or other facilities. 

• Authorizing payment for healthcare services. 

• Preventing or limiting communication with specific individuals if allowed in the document.

For more information, see Healthcare Power of Attorney (HCPOA). 

In Louisiana, you can appoint any competent adult, 18 or older, as your healthcare agent in a healthcare power of attorney. This person should be someone you trust. They must understand your wishes. They should make medical decisions for you. Family members are common choices, but you are not limited to appointing a relative. 

Can You Appoint More Than One Agent? 

Yes, Louisiana law allows you to appoint more than one person as your agent. You can do this in two ways: 

• Alternative Agents: You can name backup agents to act if your first choice can’t or won’t serve. 
• Co-Agents: You can choose several agents to work together. But, they might take longer to make decisions since they need to agree. 

For more information, see Healthcare Power of Attorney (HCPOA). 

A living will is a document. It directs your doctor to withhold or withdraw life-sustaining procedures if: 

• A doctor diagnoses you with a terminal and irreversible condition. 

• You are in a continual, profound comatose state with no reasonable chance of recovery. 

It is effective only if two physicians, including your attending, certify in writing that your condition meets these criteria. It solely applies to decisions about life-sustaining procedures, not general medical care. 

For more information, see Living Wills. 

Louisiana law does not require your living will to be notarized. It only needs to be signed by you and witnessed by two competent adults, who:

1. Are not related to you by blood or marriage, and
2. Would not inherit from your estate. 

For more information, see Living Wills. 

Recording With The Secretary of State

You can register your living will with the Louisiana Secretary of State. This makes it easy to access and find. To do so, you can send a certified copy of the original document to the Secretary of State’s office. There is a fee for this service.
For more information, visit the Louisiana Secretary of State End of Life Registries Program website.

Revocation can be done at any time, regardless of your mental or physical condition, as long as you are of sound mind when making the decision. Methods of revocations include: 

• Living Will: 

  • Destroying the Document: Tear it up, shred it, or physically destroy the original living will. 

  • Written Revocation: Write a statement saying you are revoking your living will. Sign and date it.

  • Oral or Nonverbal Expression: Tell your doctor or healthcare provider that you want to revoke the living will. The doctor must record the date and time of your statement in your medical records. 

  • Notify the Secretary of State: If you registered your living will with the Secretary of State, you must also send a written notice of revocation to their office. 

  • For more information, see Living Wills. 

• Healthcare Power of Attorney: 

  • Create a Written Revocation: Write a statement saying you are revoking the healthcare power of attorney. Sign and date it. 

  • Destroy the Original Document: Tear up, shred, or destroy the original power of attorney document. 

  • Oral Revocation: Tell your agent (the person you authorized), healthcare provider, or someone else involved in your care that you are revoking the power of attorney. If you inform a healthcare provider, they must document it in your medical record. 

  • For more information, see Healthcare Power of Attorney (HCPOA). 

Inform anyone with a copy of your advance directive or living will about the revocation to avoid confusion.

There is no legal rule or requirement to update your advance directive. But it’s best to review it: 

• Every few years. 

• After major life changes (e.g., marriage, divorce, death of a spouse, major health diagnosis). 

• If your preferences about medical treatments change.

Store copies in a safe but accessible location. Give copies to your agent(s), primary care doctor, specialists, trusted family, close friends, or the hospital where you are admitted. 

Also, carry a wallet card. It should show you have an advance directive. It should also have your agent’s contact information.

• Discuss your advance directive with your doctor and ensure it is included in your medical records. 

• Talk to family or close friends about your wishes. 

• Carry a wallet card or identification indicating that you have an advance directive. 

• If admitted to a hospital or nursing home, confirm they have a copy and will honor it. 

• Regularly review and update your document to reflect your current preferences.

Yes, but only under specific circumstances:

• If your doctor has a conflict, they must try to transfer you to a provider who will honor your wishes.

• A healthcare facility may have policies that limit its ability to comply. In such cases, they are required to facilitate a transfer to a facility that can honor your directive.

Yes, you can combine a living will and a healthcare power of attorney in Louisiana. These documents work together to honor your medical wishes. They also ensure that someone you trust can make decisions for you if needed. 

You can use both documents separately. Or, you can merge them into one advance directive. 
If you’re unsure how to combine them, a lawyer can help. They can ensure the documents meet legal requirements and reflect your wishes. For more information, see Finding and Hiring a Lawyer.

Probably. Most states recognize advance directives executed in other states as evidence of your wishes. However:

• Legal requirements for advance directives vary by state.

  • Some states may have specific requirements for advance directives, such as different witness or notarization rules. If your directive doesn’t meet those requirements, it could be challenged.

  • Certain states allow for additional directives, like Physician Orders for Life-Sustaining Treatment (POLST), which may not be included in your Louisiana advance directive.

• To ensure your wishes are followed, carry a wallet card with your agent’s contact details and consider updating your directive if you move to a new state.

The estate includes all assets, debts, and obligations owned by the deceased. Common assets include real estate, bank accounts, personal property, investments, and life insurance policies. 

The first step involves inventorying the estate to assess its value and identify all debts. 

For more information, see Calculating Estate Value and How to Create a Descriptive List. 

If the deceased left a will, the beneficiaries' names therein (legatees) inherit the estate. 

If the deceased died without a will (intestate), the Civil Code governs inheritance. Immediate family members, such as children, parents, and spouses, typically inherit according to specific rules of priority. For more information, see Heirship in Successions. 

In Louisiana, a beneficiary (also referred to as a "legatee" in the case of a will) is someone who inherits assets from a deceased person's estate. Whether named in a will or designated by Louisiana's intestacy laws, beneficiaries have specific rights and responsibilities during the succession process. 

For more information about Louisiana's intestacy laws, visit Heirship in Successions. 

Intestate succession follows a strict hierarchy: 

• Descendants (children or grandchildren) inherit first. 
• If there are no descendants, the surviving spouse may inherit, but only as a usufructuary (having the right to use and enjoy the property). 
• If no spouse or descendants exist, other relatives, such as parents, siblings, or extended family may inherit. 

• For more information, see Heirship in Successions.

Learn more by visiting Dying Without a Will (Intestate Successions). 

Wills can be contested if heirs or interested parties believe there is: 

• Lack of testamentary capacity. 
• Undue influence or fraud. 
• Improper execution of the will (e.g., not meeting legal formalities).

Contested successions are resolved in probate court, often requiring evidence and expert testimony. 

Learn more by visiting, Wills. 

Once heirs and debts are identified, assets are distributed. This may involve: 

• Liquidating property to pay debts. 
• Transferring titles for real estate or vehicles. 
• Dividing personal property among heirs. 

For more information, see Dividing Property Among Co-Owners - Partition Processes in Louisiana. 

For more information, see Heirship in Successions. 

Probate is the court-supervising process of validating a will, appointing an executor or administrator, and distributing the estate. For more information, see Navigating a Louisiana General Property Succession. 

In Louisiana, some estates can be handled outside the court. A small succession affidavit may be used for estates valued under $125,000, avoiding the full probate process. For more information, see Navigating Louisiana's Small Succession Affidavit. 

Life insurance policies with designated beneficiaries bypass the succession process and are paid directly to the name recipients. 

If no beneficiary is named, the policy proceeds may become part of the state and subject to succession laws. 

Some estates can avoid the probate process completely. This can happen when: 

1. Non-Probate Assets Exist: 
   • Life insurance, retirement accounts, and Payable-on-death (POD) accounts with beneficiaries do not need probate. 
2. Small Succession Affidavit
   • If the estate is worth less than $125,000, heirs can use an affidavit to claim assets without going to court. For more information, see Navigating Louisiana's Small Succession Affidavit. 
3. Trusts
   • If the deceased placed their assets in a living trust, they avoid probate. The assets pass to the named beneficiaries without any intermediary. For more information, see Trusts.