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Power of Attorney is voluntary and can only be granted by An adult who does not suffer from mental disease or defect. It can be temporary or permanent. It can be over all matters or over limited matters. Power of Attorney expires at death. There are four kinds of Power of Attorney:

1) Durable power of attorney is for all matters and an unlimited time.

2) Special or Limited power of attorney for a specific transaction and limited period is frequently used for real estate transactions when the buyer or seller will not be present.

3) Non durable power of attorney is for a limited matter and limited period of time and is frequently used by members of the military going active duty.

4) Medical power of attorney is to make medical decisions is frequently used by individuals prior to surgery or to nonparental adults who will be traveling with a child.

Interdiction is medical or financial power over another adult. It can be temporary or permanent. It cannot be granted by one adult to another because it requires capacity and interdiction is only granted over an individual who suffers from medical, or mental disease or defect. Interdiction can only be granted by a judge in an adversarial proceeding and cannot be by consent. Interdiction is used for closed head injury victims, parties suffering from mental disease or injury. If recovery is anticipated, it can be temporary. The person to whom power is granted is the Curator. An Undercurator must also be appointed.

Tutorship is medical and financial power over a minor. Tutorship is financial only and expires at the age of majority. It is frequently used by parents or guardians to sue on behalf of children.

Custody bestows the power to make both financial and medical decisions over a minor. It expires at the age of majority and can be by consent or in an adversarial proceeding. It is subject to change until the minor reaches the age of majority if it is in the minor’s best interests.

Testamentary power is granted in a Will. A Will does not go into effect until death and is for financial matters and to appoint a guardian for minors.

Trusts are entities set up to take ownership of property while the trustor is still alive. The trustor must be an adult who does not suffer from mental disease or defect. The property is for the benefit of the beneficiaries. The beneficiaries can be minors or adults, and can, but don’t have to, suffer from medical or mental disease or defect. The managers of the trust are the trustees. The trustees must be adults or other entities, like a bank, that do not suffer from mental disease or defect. The trustees have a legal duty to manage the property for the best interest of the beneficiaries. There are tax benefits for trusts, which are not available for wills. Trusts are frequently used for parents with children from prior marriages or relationships.

For Power of Attorney, Interdiction or Tutorship call Ellen Cronin Badeaux, LLC call 985-892- 1955 in Amite, Baton Rouge, Chalmette, Covington, Franklinton, Gonzales, Gretna, Harvey, Kenner, Livingston, Madisonville, Mandeville, Metairie, New Orleans, Slidell in Ascension, East Baton Rouge, Jefferson, Livingston, Orleans, St. Bernard, St. Tammany, Tangipahoa and Washington Parishes.

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Testimonials

“I would like to thank your firm for everything you’ve done to help me keep 50/50 custody of my son. I came to you on very short notice but you knew exactly how to handle my case and I couldn’t be happier. I’m sure I will be working with you again in the future.”
Ryan

“After retaining two lawyers who made no progress, I retained Ellen Cronin Badeaux. Yesterday was our first hearing together and it was a major success. Ellen was professional, diligent, and a fighter…I am very glad I found her and will refer her to others without a doubt.”
Lyndsey

“Ms. Badeaux has been an excellent family attorney for us. Her time and personal commitment have allowed us to make informed decisions. We have had to trust her with very delicate and emotional issues and she has guided us to excellent outcomes. I will always appreciate the exceptional service she provides our family with. I have always liked the statement, “you get what you pay for”; and Mrs. Badeaux has been well worth it.”
Patricia

“Extremely knowledgeable and aggressive attorney. She has been our attorney for nearly 10 years. I highly recommend her for any family court matters.”
Mary

“I have used Ms. Badeaux as my attorney off and on for 15 years. She has settled everything without a fuss; including a personal injury suit, an estate settlement and the quick setup of a partnership. I will continue to use her as my attorney and happily recommend her to friends & family.”
Jean

“No one thought I could win but with her valuable service and exceptional legal knowledge, I did! I got my kids back and they’re still with me today. I highly recommend Ellen Badeaux. I would not have my kids today if not for her!”
Tammi

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