Louisiana Elder Law Questionnaire

State:
Multi-State
Control #:
US-Q1013
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in an elder law matter, such as wills, asset protection, disability planning, and more. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorneys case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new clients needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

Your POA must be in written form. Verbal POAs are not valid in Louisiana. You must notarize all of your POA documents, even the copies, in order to ensure it is certified under Louisiana law.

The Adult Protective Services Reporting Law, Louisiana R.S. 3.2, requires all Louisianans to report abuse, neglect, exploitation, and extortion of adults with disabilities. The law grants immunity to any citizen who reports in good faith and who cooperates in an investigation by the protective service agency.

Elderly person means a person who is at least 62 years of age.

Louisiana law protects adult aged 60 or older from act or omission resulting in physical or emotional abuse and neglect, inflicted by caregivers and from self-neglect by an individual. Louisiana law also protects seniors from acts of financial exploitation and extortion.

Louisiana laws protect people who are 60 or older from persons misusing or stealing their money or resources. Financial Exploitation is when a person, the ?exploiter?, including a caregiver, intentionally takes, spends or uses money or resources of a vulnerable person, without some kind of valid permission.

As in medical consents, the law establishes a hierarchy of representatives who can make decisions: Someone whom the patient has previously designated in writing as the medical decisionmaker (either by declaration before 2 witnesses or through a written HCPOA) The judicially appointed curator or tutor.

Any person, who under R.S. 04(A), is required to report the abuse or neglect of an adult and knowingly and willfully fails to so report shall be guilty of a misdemeanor and upon conviction shall be fined not more than five hundred dollars or imprisoned for not more than six months, or both. B.

Elder law specializes in legal issues that the aging population is confronted with. Oftentimes, the purpose of elder law is planning to prepare the elderly person for financial freedom and autonomy through proper financial planning and decisions regarding long-care.

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Louisiana Elder Law Questionnaire