Questions & Answers

General Notary Q&A

  • What is a Notary Public?

    A Notary Public is a state official, typically appointed by the secretary of state, serving the public by performing official fraud-deterrant acts related to the signing of documents. Notaries are publicly commissioned to perform notarizations under strict guidelines.

  • What should I know about getting documents notarized?

    A Notary will need to screen for the true identity of the signers of documents. This means that you will need to present photo identification to the Notary, and sign and date your documents in the Notary’s presence. Do Not sign your documents before meeting with the Notary. All signers must be present in order to have their signatures notarized.

  • Can a Notary help to fill out my document?

    A Notary cannot give advice on how to fill out a document that you need to get notarized. The best advice on how to fill out your document will come from the entity that issued the document. Your document should be completed before signing and dating in front of the Notary.

  • What is a Civil Law Notary Public and what can they do for me?

    A Civil Law Notary has broad powers usually reserved for attorneys in other states. Louisiana Notaries are uniquely qualified to draft, prepare and execute Affidavits, Acknowledgments and Authentic Acts. This is an extremely cost-effective and convenient alternative for legal document preparation and execution.

  • What documents can a Louisiana Civil Law Notary draft?

    Civil Law Notaries can draft many customized legal documents to help you plan your estate and other aspects of your future to easily communicate your wishes to financial institutions, medical professionals and government agencies. We can draft and execute not only vehicle title transactions, but also Powers of Attorney, Wills, Small Successions, and Real Estate Transactions.

Power of Attorney Q&A

  • What is a Power of Attorney?

    A Power of Attorney (also known as a Mandate in Louisiana) is a formal written document that authorizes someone else to act for you. A Power of Attorney lets others know who you will want to speak for you when you can’t handle your own affairs or speak for yourself. You lose no independence when you sign a Power of Attorney. You continue to make your own decisions as long as you are physically and mentally capable of doing so.

  • What are the benefits of having a Power of Attorney?

    It is so important to have Power of Attorney established in the case of disability. It is critical to choose a trusted individual to make financial and healthcare decisions for you in case you become incapacitated. A notary will not be able to notarize any documents for you if you are incapacitated or appear to be unaware of what you are signing. Without a Power of Attorney in place, your family may have to hire an attorney and go through an expensive procedure called interdiction to get your affairs in order. Then a judge will decide who will handle your financial and healthcare affairs. You can save much time and money have having a Power of Attorney in place.

  • What are the types of Powers of Attorney?

    The two most important types of Power of Attorney are General Power of Attorney and Medical Power of Attorney. A General Power of Attorney will name who will take care of your financial affairs, your home, your business, and your legal matters without any major barriers. A Medical Power of Attorney gives the power to handle your medical care. It grants the authority to speak to your healthcare providers and make critical decisions regarding your care.

  • What is a Provisional Custody by Mandate?

    A Provisional Custody by Mandate is a very specific type of Power of Attorney that grants temporary authority for someone other than a parent to put a minor child in school, take them to the doctor, and provide for the health, education, and general welfare of the child for a specified period of time up to one year. More than one child can be included in one document. This document does not grant physical custody of a child; only a judge can do that. The Provisional Custody by Mandate cannot be used to deny parental access or authority for their child. A parent can still make decisions and care for their child.

Last Wills & Testaments Q&A

  • Why is it important to have a Will?

    How a person’s estate will be distributed after death depends upon whether the person dies Intestate (without a Will) or Testate (with a Will). The decedent’s estate will be distributed according to the succession articles of the Louisiana Civil Code if they die without a Will.

    Having a Last Will and Testament will allow a person the choice to decide who will receive the assets of your estate, as well as care for minor children, while taking into account all aspects of Louisiana law. Having a Will also helps your surviving loved ones speed up the Succession process, because the court will be informed how you’d like your estate divided.

  • What can you do with a Will?

    A Last Will & Testament can be used to accomplish many legal tasks posthumously.

    With a Will, one can change the order of succession, leaving property to only certain descendants or other loved ones who may not be in the natural line of succession. Property can also be partitioned in a Testament, or limits or conditions can be placed on the partition of property. A Testament can modify or terminate usufructs created by law in favor of surviving spouses or parents.

    Bequests in a Will can be conditioned upon certain events, subject to a term, provide for alternative dispositions in the event of a failure of a certain bequest, or be subject to survivorship terms.

    Most importantly, a Testament can appoint a tutor (guardian) for surviving minor children.

  • What is a Succession?

    A Succession is the legal process of transferring Title of a deceased person’s assets to his or her heirs. A Succession needs to be done before a property can be mortgaged, sold or donated. Property is lost when there is a lack of interest in handling the legal matters necessary to keep property in the family.