May is National Elder Law Month—a time when we pause to think about the choices we make as we age and how those decisions, or lack thereof, affect our independence. At our firm, we use this month to remind people that planning ahead is not just smart—it’s empowering. It allows you to remain in control of your life, even if one day you’re no longer able to speak for yourself.
Let me tell you about Mr. Henry. He’s not a real person, but his story reflects what we see all too often. Henry was 76, a retired contractor who still drove his pickup around town and walked his terrier Max twice a day. He prided himself on doing things on his own. But his daughter, Emily, noticed things slipping. He’d repeat himself often, forget where he’d parked, and once left the oven on all night. Then came the check—$10,000 made out to a new “friend” who had recently started stopping by. That’s when the family realized they needed help.
Before Emily and her siblings could take any steps, a neighbor who Henry had been friends with for many years filed for interdiction, claiming Henry couldn’t manage his affairs. Suddenly, Henry’s future was in the hands of a judge. Emily was distraught. Henry was confused and humiliated. The legal system had to determine if this man, who’d been independent his whole life, should lose his right to make decisions about his health, his money, and even whether he could live at home.
In Louisiana, interdiction is the legal process used to declare an adult incapable of caring for themselves or their property. It’s sometimes called the “civil death penalty” because of what’s at stake—basic rights are taken away, and someone else, a court-appointed curator, steps in to make decisions. That curator might be a family member, or it could be someone Henry barely knows. The process is expensive, stressful, and usually very public. Expenses for court costs, attorneys, and medical evaluations can add up quickly. Even in uncontested cases, families often spend thousands just to get through the system.
What many people don’t realize is that Henry’s situation could have been avoided. If he had signed a power of attorney while he was still competent—before his memory began to slip—he could’ve chosen who would step in to help him when needed. That one document, done at the right time, might have saved him and his family months of legal battles and significant financial strain.
This is why early planning matters so much. When someone still has capacity—meaning they understand the nature of what they’re signing—they can execute a financial power of attorney, a medical power of attorney, and other tools that legally name someone they trust to act on their behalf. These documents are far less costly and stressful than going through interdiction proceedings and can often prevent the need for one entirely. Unfortunately, once someone crosses that fine legal line where they’re no longer considered cognitively capable, it’s too late to sign anything, even with good intentions.
We’ve seen this happen too many times. During National Elder Law Month, we want to shift that pattern. It’s not about scaring people—it’s about empowering them. No one should find themselves in Henry’s shoes, at the mercy of the court or the intentions of others, simply because they assumed they’d have more time. Planning ahead isn’t giving up control, it’s protecting it. It’s making your wishes known and putting legal structures in place while you still have the voice to do so. It’s a gift to your family and peace of mind for yourself.
Henry’s story had a resolution, but it came at a cost. Yours doesn’t have to. Take this opportunity to look ahead and talk to a qualified elder law attorney about how to make sure your future stays in your hands.
