Elder Law
The aging or incapacitation of a parent or loved one often poses challenges to the individual and his or her family. If your loved one is unable to make decisions involving his or her property, finances or personal and medical care, we can help guide you through the legal process of interdiction. Contact us today to learn more about how we can assist you.
Planning Ahead
While many people don’t typically think about succession planning in their younger stages of life, there is no better time to prepare for your future than now, regardless of your age. At the law office of Betsy A. Fischer, LLC, we can help you create a purposeful and effective succession plan in New Orleans and surrounding areas in Louisiana that will allow you to provide for your family members, protect your property and convey your estate and medical wishes in the forthcoming years.
In addition to our comprehensive succession planning services, we provide caring and experienced elder law and probate assistance. We recognize that it is a difficult time for you, and our knowledgeable Metairie elder law attorney will help guide you through the legal process.
Providing Trusted And Caring Elder Law
Since establishing our Southeast Louisiana law firm in 2002, lawyer Betsy A. Fischer has helped individuals and families prepare for the future using helpful succession planning tools, as well as handle emotionally challenging elder law and probate matters.
Over the years, Betsy A. Fischer has provided competent legal advice and assistance with several areas of succession planning and elder law. We will work with you to help you understand what tools will most benefit you and your family, including:
- Simple wills: A will without a trust. It governs what will happen to your estate by reflecting your intentions about your property, assets, etc. It also addresses who will be the executor of your estate at the time of your death.
- Living wills: A will that provides your wishes for end-of-life services.
- Testamentary trusts: A trust created in a will that goes into effect upon your death.
- Powers of attorney: A legal designation that allows an individual to make financial, medical and other major decisions on your behalf in the event of your incapacitation.
In addition to helping you establish the above, our firm can assist you with probate of your loved one’s estate, as well as other elder law matters, including forced heirship and interdictions.
Interdiction
An interdiction is a legal process in which a court is asked to assess whether a person is incapable, due to an infirmity, to consistently make decisions about his or her person and/or property, or to convey those decisions based on testimony and other evidence given. If this is determined, the court selects someone to make these choices on his/her behalf.
The court can decide between a full interdiction or a limited edition.
- When a court judges that an individual is incapable of consistently making decisions about his or her person and property, a full interdiction is imposed.
- When a court concludes that an individual is incapable of consistently making decisions about his or her person or property, or some part of either, a limited interdiction is imposed.
A full interdict lacks the ability to conduct legal affairs which have legal ramifications, such as entering into a contract.
A limited interdict lacks the legal competency to make a legal act relating to the property or aspects of personal care that the limited interdiction decision places under the curator’s responsibility. Some rights for the interdict may be preserved by an interdiction judgment.
When a court decides that a person should be interdicted either fully or partially, they will assign a curator. A curator is a person appointed by the court to look after the interdicted person or his property, make decisions for the interdicted person, or act in his or her place. When making these judgments, the curator must use reasonable care, diligence, and prudence, and act in the interdicted person’s best interests. A curator must also provide an annual report to the court.
There can be other legal options available if interdiction is not in someone’s best interest. An experienced family law attorney will be able to assist you and your loved ones in deciding what is best for them and their life choices.
Wills and Successions
There are two types of lawful wills in Louisiana: olographic testaments (also known as holographic testaments in other States) and notarial testaments. Both of these wills must be signed by the testator and meet the following criteria in order to be valid:
- Meet any real estate requirements of the state where the property is located.
- Meet any requirements of the state where the will was executed.
- Meet any requirements set forth by the state where the testator was domiciled at the date of execution or time of death.
- Meet Louisiana’s legal requirements for a last will and testament.
A recent Gallup poll found that roughly 55% of Americans do not have a will. Moreover, a recent article suggests that the number of Americans without a will is closer to 70%.
When someone dies without a will they are known to be “intestate.” Louisiana has two types of succession: intestate and testate succession. A succession is the process of settling a deceased person’s estate and distributing the property once debts have been paid. In addition to intestate and testate, Louisiana also has two forms of succession which are administered (more complex and only necessary when an unadministered succession is not available) and unadministered.
Serving New Orleans, Metairie and surrounding parishes – Contact Us Today
To discuss your matter with an experienced attorney serving Metairie and all surrounding areas, please call our firm at 504-780-8232. You can also make an appointment for an entirely confidential initial consultation at a reduced rate with attorney Betsy Fischer by contacting the firm online.