FAQs

What is the benefit of using a Notary Public instead of an attorney?

Using an experienced, commissioned Louisiana Notary Public can be an extremely cost-effective and wonderfully convenient alternative for legal document preparation and execution. Many Notary Publics (myself included) provide “after-hour” and weekend services to accommodate your busy schedule. In addition, many notaries will provide their services in the comfort and convenience of YOUR home or office.

Is a Will, Power of Attorney, or any other Authentic Act prepared by a Notary Public as valid and legal as one prepared by an attorney?

YES! The Louisiana Notary, a civil law notary, has broad powers usually reserved for attorneys in other states. A Notary can draft, prepare, and execute affidavits, acknowledgements, and authentic acts.

Do I really need a will?

A will can do many things. The most important thing a will can do is change the people who inherit your estate in the absence of a will. In the absence of a will, your property will be distributed in accordance with Louisiana “Intestate” (which means to die without a will) Law. A will can also do other things. For example, a will can: 1) name a guardian (called a tutor in Louisiana) for minor children; 2) create a trust for grandchildren, special needs heirs, or spendthrift heirs; 3) make provisions to save estate taxes for larger estates; and, 4) name an executor to collect the assets of your estate, pay any bills due, and distribute your estate to your heirs. If none of this is important, then you may not need a will.

What is a Louisiana Health Care Power of Attorney?

The Louisiana Health Care Power of Attorney allows you to designate an agent to make all decisions about your health care if you are unable to make these decisions yourself. This applies to all health care decisions for any and all types of medical conditions. These can include healthcare decisions concerning surgery, medical expenses, nursing home residency, and medication administration.

Who should I appoint as my Agent?

You may appoint any competent person of legal age to be your agent. You should make sure the person you select understands your wishes and is comfortable accepting the responsibility. Your agent may be a family member, close friend, or advisor you trust to make serious decisions on your behalf.

Does the Louisiana Health Care Power of Attorney give my Agent control over my finances?

The Louisiana Health Care POA cannot be used to allow someone to make financial decisions on your behalf and does not apply to any financial or property decisions for you. There are alternative (general and specific) powers of attorney for that purpose.

Once I execute my Will or Power of Attorney, how long does it take to become effective?

IMMEDIATELY! Once you sign your Will or Power of Attorney before two witnesses and a Notary Public, it is automatically in full force and effect.

Is it possible to file for an uncontested divorce without having to use an Attorney?

Yes, in proper person. A Notary Public can draw up the paperwork for you to sign and have signed by the other party, then you may file it in Family Court yourself.

I can’t find the title to my automobile! What do I do?

Complete an OMV Request for Duplicate Title before a Notary Public and return it to OMV by mail or in person. A duplicate title will be issued and returned to you by mail within 1-2 weeks.

Can I donate my property to anyone?

Yes! You may donate movable or immovable property by Act of Donation which can be prepared by a Notary Public.