Category Archives: power of attorney

Louisiana Provisional Custody By Mandate & Ramblings

This post is to explain the Louisiana Provisional Custody By Mandate law and form. It’s also a “flashback rambling”. Does that make sense? Probably not, but if you give me 3 minutes to read this it will get a lot (maybe) clearer. If you want to skip a bunch of paragraphs down you can get straight to the provisional custody part (jerk!).

Before I start this party I should at least take care of the obligatory plug- If you are anywhere near Baton Rouge, LA and need a notary to help you (regardless of the time or day of the week), you should be smart and call George Tull at 225-907-5280.

/plug

 

Ramblings of a Mad Notary

Fashion Emmy NomineesLet’s start with the flashback rambling. I have neglected this notary blog for so long. What a shame! This site started out as a personal notary blog (I am a notary, duh) way back at the beginning of 2014. That’s almost 3 years ago! I did pretty good with it for a while, but I started really slacking a few years ago.

How many years ago? I can’t believe it but I just realized that it’s been almost 2 years since I made a post here. 2 years…. I am a really, really bad notary blogger!

So what have I been doing for the last two years, besides neglecting this notary blog? Good question!

  • I am still the number 1, most awesome Baton Rouge Notary Public!
  • I am still a mobile notary that travels¬†all over Baton Rouge and most of South Louisiana.
  • I’m still working my butt of including most weekends and nights, and am usually available 24/7 as an after hours notary public.
  • My notary rates are still pretty reasonable for nice people, and probably overpriced for rude people (I know who you are, yes I do).
  • Most of my income comes from closing residential loans and purchases as a notary signing agent. I have even recently picked up a new title company in Baton Rouge, and the relationship has blossomed (sounds funny, but it’s true).
  • I still have the three kids, wife, cats, and birds. The only kid still living with us is my baby boy, as my daughter has moved to Maine and my older son is getting closer to eventually graduating from LSU.

In other words, I have kept on plugging along over the last few years. I’m still doing my notary thing, even though I almost abandoned this blog.

Note to self: I, George Tull, the most incredible dude with a rubber stamp that has ever existed in my neighborhood, hereby solemnly swear to start updating this blog for at least the rest of December, 2016. So I swear it. A-men!

Ok, ok, enough of the ramblings. I have a little funny update to make here.

I was looking through the stats on this site. Would you believe that the most popular post was one that I made about getting temporary custody of a kid in Louisiana? When I say “most popular”, I really mean it, by a long shot! That’s “funny” to me because I have written about so many topics on here, and for some reason this is the most popular subject. Who would have thunk it?

Apparently a bunch of people want to know more about voluntary custody, so I decided that my first post back in almost two years should be dedicated to the subject. Without further ado, here ya go notary blog fans/groupies:

 

“Louisiana Provisional Custody By Mandate”

provisional custody by mandate louisianaI covered a lot about this topic on this post, but let’s talk a little more about it and provide a practical situation.

This law was actually created by the Louisiana legislature by statute. It’s pretty cool because it allows the parents of a child to temporarily (provisionally) grant someone else (their agent) the powers to act as the kid’s parent (custody) through a power of attorney (mandate).

See, we just completely explained what this provisional custody thing is. Did you get it? Ok… let’s explain it a bit more before we give an example.

The parents are allowed to grant someone else the authority to act as the child’s parent for a period of up to one year. The parents are known as the Principals, and the person that they grant this power to are known as the Agents. This contract is called a Mandate in Louisiana, while the rest of the civilized world simply calls it a Power of Attorney or POA. With this contract, the Agent is allowed do do everything that a parent can do.

Now it makes perfect sense right? So let’s walk through an example:

Bubba and Gina are the parents of little Shonequa. Bubba and Gina are about to go blow their last $1,000 at a brothel in Las Vegas. They, being the good parents that they are, want to make sure that little baby Shonequa is looked after while they are spending the money that they were supposed to use to fix their kid’s deformed teeth.

Bubba and Gina talk to Peter “The Perv”. Peter says that he would be happy to act as the parent of Shonequa while they are partying with Lebron James. Peter understands that they will be back in a month, and that his powers will go away when they get back. He’s happy to take Shonequa to the doctor, register her for school, and do everything that a parent can do with their kid while they are away.

Since they are pretty much lost and clueless, and they really need the assistance of the world’s greatest notary, they decide to call George at 225-907-5280 at 2:00 AM on Christmas Day. George explains that he’s happy to help for a small fee of $700. Peter, being the great guy/perv that he is is happy with the fee and agrees to let George take care of the paperwork.

So everybody gets together with George. Being the notary stud that he is, George whips out the LA Provisional Custody By Mandate form that he has and commences to filling it out.

Even though the parents can grant this power to Peter for a year, they elect to make it expire in a month (which they have the right to do).

George fills the form out, watches them sign it in front of the witnesses, and places his seal on it. In fact he’s so smart that George creates 3 originals for them to sign.

Now Peter has a fully authentic contract in hand proving that he can act in the parents’ place for a month. ¬†Peter understands that the parents can rescind the contract whenever they want, but he also knows that third parties are not liable for any rescission without actual knowledge (too much legalese/I’m sorry).

So Gina and Bubba fly off to the STD Holy Land. Poor Shonequa gets sick and needs to go to the hospital. Peter The Perv brings the poor baby to the ER, shows him the Provisional Custody By Mandate, and the doctors are able to follow Peter’s request to pull all of Sonequa’s teeth out that are growing into her ankles.

Now does that make sense? If you don’t understand the Louisiana Provisional Custody By Mandate form by now, Lord help me. I’m just joking (not really), so you can call me anytime with your friendly (annoying) questions.

 

“The End”

So there you have it guys and gals. We covered my absence from this blog for almost two years. We explained provisional/temporary custody pretty well. We told a few jokes, smiled a few smiles, and came together as a Notary god/worshiper pretty well. My duties have been fulfilled.

Until next time, this is George, your super duper notary in Baton Rouge.

Peace!!

Voluntary Temporary Custody

provisional custody by mandate louisianaIn Louisiana you can voluntarily give temporary custody of a child by using a form called “Provisional Custody By Mandate”. A mandate in Louisiana is basically a power of attorney, so you are naming someone else to act as your child’s parent, on a limited basis. This voluntary temporary custody can be used if:

  • You are the parent(s) of the child.
  • You have parental rights for that child.
  • You have mental capacity (you are sane).

The best part about giving temporary custody in this matter is that you do not have to go to court to do it. That means that it is fairly inexpensive, and you can do it quickly. By simply filling out the form, and then both of you signing it in front of a notary, you are all set.

This is a temporary act. It will only be effective for a maximum of one year, and you can make it shorter than that if you want to. Some people choose to create a provisional custody by mandate every year, which is easy to do. If you want to grant permanent custody, you need to go to the family court to do that. You can also cancel the mandate at any time. For instance, if you change your mind next week, you can simply cancel it.

If this is done correctly, the acting parent can represent you as the child’s parent on any manner. They can register your kid for school, bring him to the doctor’s office, discipline them, and anything else that a parent can do.

The agent (acting parent) must take care of the child’s well being. If the agent decides that they no longer want custody of the child, they can also cancel it at any time.

The best way to explain provisional custody is with an example:

  • Sarah is the mother of four year old Tammy. Sarah has to go to Mexico n business for a month, and she does not want to bring Tammy with her due to safety concerns. Sarah asks her brother Alec if he will look after Tammy while she is gone. Alec agrees, and since Sarah is smart she decides to create a power of attorney (mandate) so that Alec can fully represent her while she is gone, in regards to the parenting of Tammy. Sarah calls George the notary at 225-907-5280. George asks for certain details and creates the provisional custody by mandate. They all get together, sign and notarize the form, and Sarah and Alec have an original mandate. Now Sarah can go on her trip knowing that Alec can legally act as the parent of Tammy while she is gone.

If you have any questions about this form of voluntary temporary custody in Louisiana, feel free to call me at 225-907-5280. Thank you for reading!

 

Power of Attorney FAQ

sample louisiana power of attorney formI have helped hundreds of people with a Louisiana Power of Attorney (POA), and I have heard so many of the same questions over the years. I am creating this Power of Attorney frequently asked questions post so that I can refer people to it for answers.

Please keep in mind that this information is general in nature, it may not apply in your situation, it does not form an attorney/client relationship, and that to get specific legal advice for your situation you should go hire an attorney.

  • What is a Power of Attorney? A POA creates an agency, or as we call it in Louisiana a “mandate”. Think of it as a contract. One party is the principal, the one creating the POA. The other party is the agent, the one acting on behalf of the principal. The principal wants someone to represent him on certain matters. The Power of Attorney allows the principal to name his agent to represent him, and for the agent to agree to represent the principal. It’s really as simple as that. Within the actual document you will define and identify the parties, explain when it is to go into effect, announce the powers to be exercised on behalf of the principal, and list any limitations or restrictions.
  • What is a “Durable Power of Attorney”? Durable means that the POA will continue to be in effect, even in the principal is incapacitated. The POA does not cease to function just because the principal is incapacitated. If a POA is not durable, it could be construed as no longer applying upon incapacitation. As an example, let’s say that John has a durable POA. John falls into a coma. Can Jim, John’s agent, continue to represent him, even though John is not conscious? Yes, because the POA is durable, it is in effect and Jim can continue his duties.
  • What is a “Springing Power of Attorney”? If it is springing, the POA will not come into effect until a future condition is met. The condition is usually a form of incapacitation or interdiction. In other words, the POA will not be used until the principal is unable to act for himself. Let’s say that Jill creates a springing POA naming Bob as her agent. Jill is mentally competent and in good health. Will Bob be able to act in her place? No he can’t. The powers granted in this type of POA will not be transferred until Jill become incapacitated. For instance, if Jill falls into a coma, Bob can then act in her place. These springing POA’s usually require the certification of doctors or a court order.
  • What is a “General Power of Attorney”? A general POA covers just about everything that you can think of. You are basically granting your agent the powers to represent you in almost any situation.
  • What is a “Specific Power of Attorney”? The powers granted to the agent in a specific POA are limited. These are common when appointing someone to represent you in the purchase of real estate, a car, business, etc. They are also used to sell goods or place a mortgage on them. You are granting your agent the power to act in your place for a very specific purpose. They are usually restricted to a certain date range and for a very particular thing.
  • Do I need witnesses to sign the Power of Attorney? In Louisiana you need two adult witnesses that are mentally competent. They need to witness your signature, and then sign their own. The witnesses should have a proper ID to verify who they are to the notary public.
  • Can I use a copy of my Power of Attorney? The answer is- maybe. If you are the agent, and you are trying to perform a certain act on behalf of the principal, you will likely be asked to present the POA. Some places may be fine with a simple copy of it, and some will want to see the original. I always recommend showing the original POA, offering to let the business make a copy for their records, but never giving up your original.
  • Can the agent use my Power of Attorney to steal my money? Your POA should have several restrictions. It should limit what your agent can do. One of those restrictions should say that he can not make gifts of your property to himself. At the end of the day though, many agents do improperly abuse the POA to steal from their principals. This is why it is so important to only convey powers to someone that you trust 100%. Sure, if they steal your money you can sue them, but who wants to spend thousands of dollars chasing what they have likely already blown?
  • What is a “Healthcare Power of Attorney”? In this type of POA, you will name an agent (or agents) to represent you in healthcare matters. If you are unable to make decisions for yourself in a medical situation, the doctors can request answers from your agent. Instead of letting your family fight over who should tell the doctors what to do, this is your way of appointing one person to make the call. It is a very intelligent thing to do!
  • What is a “Financial Power of Attorney”? It is a general POA, without the healthcare portion. You appoint an agent to represent you in many matters, but not healthcare choices.
  • How do I cancel a Power of Attorney? It depends upon if you recorded it at the clerk of court or not. If you recorded your POA at the clerk of court, your cancellation of it needs to be recorded as well. If you did not have the POA recorded, you can cancel the agency my mailing a notice to your agent. I would make sure that the cancellation is clearly worded, and that it is mailed certified return receipt for your records.
  • Do I need to record the Power of Attorney? If it is a specific POA that is being used to buy real estate, or to mortgage real estate, it will need to be recorded along with the mortgage or conveying deed in Louisiana. Otherwise, no it doesn’t have to be recorded.
  • How much does a Power of Attorney cost? It varies so much that it’s really hard to give an accurate figure. If you called me to create a POA, I would write the document, create three originals, drive to you, notarize all of them, and make sure that you understand it. My typical fee is in the $200 range. I have heard figures from $200 to $800, so I’m really not sure what the average would be.

If you have any other POA questions that are not answered above, feel free to give me a call at 225-907-5280. While I mainly work in the Baton Rouge area, I have driven as far as New Orleans and Lake Charles to help customers with a Power of Attorney. I am available 24/7, and I can meet you anywhere such as your hospital, nursing home or office.