What’s the Difference Between General and Medical Power of Attorney?
Do I need both a medical and financial POA?
If you’re planning ahead for life’s unexpected turns, understanding the different types of powers of attorney is essential. In Louisiana—where Trusts and Estates Law (also known as Successions and Donations) plays a key role in managing assets and end-of-life decisions—the two most common forms are General Power of Attorney (sometimes called a financial POA) and Medical Power of Attorney (also known as a healthcare POA).
Both documents serve an important purpose, but they are not interchangeable. The main difference is that a general power of attorney covers financial and legal matters, while a medical power of attorney is limited to healthcare decisions.
Choosing the right type—or having both—can make all the difference in protecting your interests if you’re ever unable to act for yourself. It’s crucial to complete the right document for your specific needs to ensure your wishes are properly carried out.
Whether you live in New Orleans, Metairie, Jefferson Parish, or St. Tammany Parish, knowing the distinction can help you prepare for the future and avoid costly confusion.
Let’s take a closer look!
What Is a General Power of Attorney in Louisiana?
A General Power of Attorney gives someone (your “agent” or “attorney-in-fact”) the authority to manage your financial and legal affairs, including your financial power and financial management. In Louisiana, this document can be broad or limited in scope, depending on your needs.
A general POA can cover things like:
- Paying bills and managing bank accounts
- Buying, selling, or managing property, including the authority to manage property and financial affairs
- Handling tax filings
- Signing legal contracts
- Overseeing business operations
- Managing your overall financial affairs and financial management
This means your agent is acting on your behalf, with broad agent’s powers to manage property, handle your financial powers, and make legal decisions for you. You can appoint trusted friends or agents as persons to handle these responsibilities, and they have legal and fiduciary duties when managing your financial matters.
If you become incapacitated—due to illness, injury, or absence—your chosen agent can step in to make sure your obligations are met and your assets are protected. It is important to inform financial institutions about your POA, as some may require the original document for validation before allowing your agent to act.
Bloom Legal Network works with experienced estate planning attorneys in Southeast Louisiana who can help you draft a general POA tailored to your exact needs.
What Is a Medical Power of Attorney in Louisiana?
A Medical Power of Attorney is focused entirely on your healthcare decisions. It allows you to designate a trusted person, such as a close family member, who is a competent adult, to make medical choices on your behalf if you can’t communicate them yourself. It is important to select a trusted person who will act in your best interest and in good faith, ensuring your wishes are honored.
A healthcare POA in Louisiana can include:
- Authorizing or refusing medical care and medical treatment
- Making medical decisions, including access to your medical records
- Authorizing your agent to communicate with health care providers and your healthcare provider to obtain medical records and make informed decisions
- Choosing hospitals, doctors, or specialists
- Deciding on surgical procedures
- Making end-of-life care decisions, such as resuscitation orders or hospice care
Your agent may need to communicate with health care providers and your healthcare provider to access medical records and make informed decisions about your medical care. The document may require confirmation of incapacity by a licensed physician, especially in cases involving mental illness or lack of sound mind. There are restrictions on appointing employees of a nursing home as your agent.
A medical POA is a type of advance directive and can be updated by creating a new medical power and appointing a new agent. The attorney remains effective until the expiration date specified in the document or until it is revoked, ensuring the attorney remains authorized to act on your behalf. Health care power, healthcare power, healthcare powers, and medical powers are essential for ensuring your wishes regarding medical care and treatment are followed.
This document is sometimes paired with a Living Will, which sets out your wishes in writing, but the medical POA gives your chosen representative the power to respond in real time to new medical situations.
The attorneys in the Bloom Legal Network can ensure your medical POA aligns with Louisiana healthcare laws so that your wishes are respected in any hospital or care facility.
Why You Might Need Both a General and Medical Power of Attorney
While these two documents can work independently, most estate planning lawyers in Louisiana recommend having both in place. Understanding the key differences between a general power of attorney and a medical power of attorney is essential for ensuring your wishes are fully protected. Here’s why:
- Complete ProtectionLife doesn’t separate financial and medical issues neatly. If you’re in the hospital after a serious accident, you may need someone to talk to your doctors and pay your bills while you recover. You can appoint the same person to serve as both your financial and medical agent, or choose different individuals for each role depending on your needs and preferences.
- Avoiding Court InterventionWithout a POA, your family may have to go through a tutorship or interdiction proceeding (Louisiana’s version of guardianship) just to act on your behalf. This process can be lengthy, stressful, and expensive.
- Clarity in a CrisisHaving clear, separate documents avoids disputes between family members and makes it easier for institutions—whether banks or hospitals—to accept your agent’s authority.
In places like Jefferson Parish and St. Charles Parish, where close-knit families often manage both personal and business affairs, having both types of POA can help prevent family conflict and financial loss.
Real-World Louisiana Example
Imagine you’re a small business owner in Metairie and suffer a stroke that leaves you unable to speak. Without a General POA, no one—including a trusted family member or adult child—can access your business accounts to pay vendors or employees.
Without a Medical POA, your family could be left guessing about your treatment preferences while doctors wait for legal approval, and a family member or adult child may need to step in to make critical decisions on your behalf.
Having both documents in place ensures there’s no pause in running your life—or your business—when you can’t do it yourself.
How Bloom Legal Network Can Help
Drafting a Power of Attorney is not a one-size-fits-all process. The wording must be precise, reflect Louisiana law, and clearly outline your wishes to avoid legal disputes. A POA is a legal document that must be signed and, in some cases, notarized by a notary public to be legally binding.
The attorneys we work with can:
- Advise you on whether to use a general, limited, or durable POA
- Draft the correct attorney form and other legal documents needed for your estate plan
- Draft documents that comply with Louisiana’s Civil Code
- Ensure your POA is properly executed so it’s legally binding
- Integrate your POA into your broader estate plan, including Successions, Donations, Wills, and Trusts
- Help ensure your POA and related legal documents stay valid and up-to-date
Don’t wait until it’s too late!
Call Bloom Legal Network at 504-599-9997
Or email info@bloomlegal.com to connect with an estate planning attorney in Southeast Louisiana.
Frequently Asked Questions
Yes. In Louisiana, all powers of attorney automatically terminate upon the principal’s death. At that point, the estate is managed through succession (probate) according to your will or Louisiana intestacy laws. That’s why it’s important to pair a POA with a well-drafted will or trust.
Yes, many people choose the same trusted individual for both roles. However, you can also name different agents if you feel one person is better suited to handle financial matters while another is better equipped to make medical decisions.
Under Louisiana law, a POA must be in writing, clearly state the powers granted, and be signed by the principal. While notarization is not always required, having it notarized adds credibility and helps avoid challenges from banks, hospitals, or other institutions.
