ALL BLOG POSTINGS ARE INFORMATIONAL ONLY – NOT TO BE CONSTRUED AS “LEGAL ADVICE”

Adult Adoptions

If a Louisiana born adult is adopted in Louisiana by an Authentic Act of Adoption (Notarial Adoption), it must be recorded and filed with the parish Clerk of Court. A certified copy of an Adoption decree or a certified copy of the Authentic Act of Adoption must be forwarded to Vital Records by the Clerk of Court, the adopted adult, the adoptive parent, or their attorney. A copy of the adult's original birth certificate must be submitted with the request. A Vital Records adoptions case manager will prepare a new birth certificate and mail it to the requestor for the adoptive parent's signature. An adult adoption completed in Louisiana will only change the person's name on their birth certific

Adult Adoptions

SUBPART B. PERSONS OVER SEVENTEEN §461. Right of adoption; conditions, limitations, and procedure; court order A. Any person eighteen years or older may adopt any person over the age of seventeen years, according to the following conditions, limitations, and procedure: (1) The adoption shall be effected by the execution of a notarial act signed by: (a) The adoptive parent or parents and the person to be adopted when the person to be adopted is a major or an emancipated minor. (b) The adoptive parent or parents and the duly appointed curator when the person to be adopted is an interdicted major. (c) The adoptive parent or parents and the living parent or parents or guardian or tutor, o

UNDER CERTAIN CIRCUMSTANCES AN ADULT MAY BE ADOPTED BY NOTARIAL ACT. HOW DO INHERITANCE RIGHTS CHANG

(1) Inheritance Rights of Adopted Persons a. Adoption During Minority If the adopted person was or is a minor at the time of the adoption, the provisions of the Children's Code expressly provide that the adopted person retains his rights to inherit from his biological parents and other biological relatives. See Children's Code articles 1218 (regarding agency adoptions), 1240 (regarding private adoptions), 1256 (regarding intra-family adoptions) and 1283.15 (regarding adoptions of a foreign orphan). b. Adult Adoption On the other hand, in the event of an adult adoption, the rights of the adopted person to inherit from his biological parents and other relatives appear to be severed by the repe

DONATIONS INTER VIVOS HAVE MANY NUANCES. FOR EXAMPLE, HAVE YOU CONSIDERED WHAT HAPPENS WHEN A DONOR

When notaries draft donations inter vivos, they are almost always gratuitous donations. But let's not forget that there are also onerous and remunerative donations. Onerous donations require certain acts, conditions, or work to be performed by the Donee in order for the donation to be valid. Suppose that the conditions are not fulfilled by the Donee, but the act of donation has been executed in proper form. The Donee can undo, or dissolve, the donation, but what about mortgages, leases or sales that have been done by the Donee in the meantime? La Civil Code article 1565 gives guidance in that regard. Civil Code Article 1565 (1) As amended, article 1565 provides as follows: In case of dissolu

CAN OR SHOULD YOU PUT LIVING WILL LANGUAGE INTO A HEALTH CARE MANDATE?

There is nothing prohibited about putting "pull the plug", or living will language into a health care mandate (power of attorney), but you will want to be extra careful. Many HCPOAs contain living will language, but it is very common for this language to be outdated. For example, the latest versions of the Louisiana living will ask the person signing to not only sign saying that he does not want to be kept alive artificially, but the person must also make a decision about whether he wants nutrition and/or hydration to continue after the respirator is turned off. If the language in the HCPOA does not contain this language, it will not be accepted by the hospital or doctor in all probability.

OPEN 24 HOURS

MANDEVILLE NOTARY

Brian J. Rhinehart

712 Carondelet

Mandeville, Louisiana 70448

(985) 727 9692  

SERVICING ZIP CODES:

  • 70448

  • 70471

  • 70470

  • 70447