Can I Adopt My Grandchild?

In  Louisiana, an intrafamily adoption is the adoption process by which a family member adopts a minor child who is related to him/her by blood, adoption or marriage.  A grandparent can utilize this process in order to adopt his grandchild.

Ideally, both biological parents of the minor child consent and voluntarily agree to surrender the child to the grandparents for adoption.  However, if a parent is unknown or unable to be located, generally a curator is then appointed to try and locate the parent and notify him/her of the adoption proceeding.  In some instances, such as when a parent has failed to communicate with and support the child for an extended period of time, parental consent may not be required.

A person wishing to adopt a child must submit to a background check and other analysis in order to determine whether the adoption is in the best interest of the child.  After an Adoption Decree is signed, in the eyes of the law, the child is generally viewed the same as if he were the biological child of the adoptive parent.

For more information, contact us at info@thebluestink.com or (225) 456-2200.

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What Is Provisional Custody By Mandate?

Provisional Custody By Mandate is a Louisiana provision that allows parents or legal guardians of a minor child to authorize another adult to provide for the care, custody and control of that minor child.  The custodian can be any adult of legal age, except persons who have previously been denied custody by court order.

Provisional custody forms are generally used when a child will be spending extended time with someone who is not his parent or legal guardian, such as when vacationing with a relative or spending overnights with grandparents. The custodian generally has the power to consent to and authorize medical care for the child, enroll the child in school, discipline the child, and generally perform any other acts necessary for the welfare of the child.  The authority is good for a maximum of one year, or a shorter time if so designated by the parent/guardian.

Provisional custody is different from full legal custody and adoption, both of which are usually permanent and require a court proceeding.   In order to confer provisional custody upon someone, the parent/guardian and custodian can simply complete a Provisional Custody By Mandate form that is available in our office, and have it notarized.

For more information, contact us at info@thebluestink.com or (225) 456-2200.

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What If I Need To Make A Change To My Will?

In Louisiana, a change or amendment to a will is called a codicil.  Codicils are usually utilized when there has been a change in circumstances for the testator, such as an addition to the family or the acquisition of property.

The codicil must be in valid form, which means that it must be a valid notarial or olographic will.  We explained the valid form for olographic wills here.  For valid notarial form, the codicil must be signed before a notary and two competent witnesses.

A codicil should be clear and easily understandable.  If applicable, it should make specific reference to the portion of the original will that it changes.  If a codicil is so complex that it is difficult to understand, or it confuses the meaning of the original will, it is perhaps wise to make an entirely new will that is inclusive of the new wishes of the testator.

For more information, contact us at info@thebluestink.com or (225) 456-2200.

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Do I Need To Go To Court For A Succession?

If a person dies and leaves property in Louisiana, and the gross value of that property is $125,000 or less at the time of death, then a small succession proceeding can be used to settle the person’s estate.

 It is not necessary to judicially open a small succession if the following applies:

1. The person was domiciled in Louisiana and died without a will; or
2. The person was domiciled outside of Louisiana and had his will probated by court order in another state; and
3. The person’s sole heirs are either his children, his parents, his siblings or their children, his surviving spouse, or his legatee (someone he left property to in his will).

If an estate qualifies for a small succession, the heirs can execute an Affidavit of Small Succession without having to open a court case or appear in court.

For more information, contact us at info@thebluestink.com or (225) 456-2200.
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What's The Difference Between a Will and a Living Will?

A will, formally known as a Last Will & Testament, is a document by which a person makes disposition of his property to take effect after his death.   There are many Louisiana laws regarding the correct form and content of testaments, so it is wise to consult with a legal professional when making a will.

A Living Will, also called an Advanced Directive or Declaration in Louisiana, is a document that makes known your medical treatment preferences in end-of-life situations.  In a living will, you can direct the circumstances under which life support measures should or should not be taken, and the extent of those measures, in the event that you are unable to communicate those wishes to health care personnel.

For more information, contact us at info@thebluestink.com or (225) 456-2200.

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