Part 3 of 4: Durable power of attorney. When you finish, press Send. Your answers go to S² Law right away, and you’ll go straight to Part 4, the last part.

A durable power of attorney names someone to handle your money and property for you. “Durable” means it keeps working if you become ill or injured, which is exactly when you need it most. Without one, your family may have to go to court to get this authority.

Your financial agent

This person (or persons, as you should have backups) is your money manager. When thinking about whom you might select, imagine you are in the hospital for three months. Who would open your mail, pay your mortgage and light bill on time, keep good records, and never mix your money with their own? Who would you trust with your checkbook today?

This does not have to be the same person as your medical agent. The best advocate in a hospital is not always the most organized with paperwork.

Have you asked each of these people whether they are willing to serve?

When it starts

You can make the power of attorney work right away, or only if a doctor says you can no longer manage your affairs. Starting right away is simpler, because banks don’t have to wait for a doctor’s letter. Waiting keeps control in your hands until it’s needed, but can cause delays in a crisis.

When should your agent’s authority start?

What your agent can do

In Louisiana, an agent can only do certain serious things, like selling your house or giving away your property, if the document says so in plain words. Tell us which powers you want to include.

Pay bills and manage bank accounts
Handle taxes with the IRS and Louisiana Department of Revenue
Deal with Social Security, Medicaid, VA, and other benefits
Manage, rent, or repair your home or other real estate
Sell or mortgage your home or other real estate
Handle insurance, including burial policies
Manage your online accounts, email, and digital property
Care for your pets and pay for their care

Gifts

Some people want their agent to keep giving the way they always have, such as birthday checks to grandchildren, tithing to their church, or helping a family member with rent. Others want to make sure no one can give their money away. Gifting powers also matter if you might someday need Medicaid to pay for nursing home care.

Should your agent be allowed to make gifts to themselves? (We usually recommend “no” or a firm limit.)
Should your agent be paid for their time?

Your home and money

This helps your agent know what they’d be looking after. Short answers are fine, and please do not include account numbers.

Do you own or rent your home?