How a Louisiana Divorce Lawyer Would Classify and Divide Property Outside of Louisiana

October 8th, 2022 by admin No comments »

When spouses own property that is outside the state of Louisiana,Guest Posting it can be a problem for a divorce lawyer to attempt to value it and then partition it as part of a community property division. Generally, when spouses become domiciled in Louisiana and do not opt out of the community property rules within a certain length of time, their property will be subject to Louisiana’s community property rules. But, there are some technical rules in this area of family law. These rules fall into two broad categories: movables (cars, money, etc.) and immovable property (land, things permanently attached to land, etc.).

Movables: The default rule with regard to movable is, to state it simply, if one spouses is living in Louisiana and buys movables here, Louisiana community property applies to those movables. (To say this in a more technical sense, Louisiana community property law applies to movables that are acquired by a Louisiana domiciliary IF the movables were acquired in Louisiana when the acquiring spouse was domiciled in Louisiana.)

But, if prior to becoming subject to Louisiana’s rules of community property (by being domiciled here), and one of the spouses acquired a movable in another state, the movable would likely belong to the spouse that acquired the property with the other spouse being entitled to one-half of its value. (Again, the technical explanation of this is that the default rule does not apply for movable property that was acquired prior to one of the spouses becoming domiciled in Louisiana AND is outside of the state of Louisiana — the property is the separate property of the spouse that acquired it and the other spouse is entitled to half its value.)

Learn About CNA Certification in Louisiana Process, Validity, and Renewal

March 16th, 2022 by admin No comments »

Certified Nursing Assistants assist long-term care patients with the activities of daily livings and nursing assistant-related cares. They gain expertise in the direct patient cares through a state-approved Nurse Aide Training and Competency Evaluation Program (NATCEP). The completion of both training program and competency test make them eligible for CNA Certification in Louisiana, and listing on the Louisiana Nurse Aide Registry/Direct Service Worker Registry (LABENFA). The Certification determines that the nursing aides are fully competent to provide direct cares to patients and residents in a wide variety of healthcare settings. The state law also requires nursing assistants to be certified, and get listed on the Registry for performing in hospitals, nursing homes and other licensed facilities. The Department of Health and Hospitals (DHH) maintains and regulates the state Nurse Aide Registry.

Louisiana Nurse Aide training Program

In the state on Louisiana, the Department of Health and Hospitals, Office of the Secretary, Bureau of Health Services Financing is responsible to approve or disapprove, regulate, and maintain Nurse Aide Training Program. The core curriculum of the training program provides a basic level of nursing knowledge and clinical skills to aspiring nursing students. The total program is 80 hours in length, and consists of 40 hours of theoretical classroom instruction, and 40 hours of clinical hands-on experience in a long-term care facility.

Louisiana Competency Evaluation Program

The state-approved Competency Test or CNA Certification Test evaluates the competency level of the nursing assistants. The test consists of two separate parts, a Written/Oral Test, and a Skills Test. The candidates must attempt the competency exam within 30 days of their training program completion. They are also allowed maximum three opportunities to pass the test within one year but, if they are still unable to pass the test even in all three attempts, they will have to complete nurse aide training program again to be eligible for the competency evaluation test. The success in the competency test is essential for CNA Certification, and listing on the LA Nurse Aide Registry. The employers can also verify the Registry to determine if a potential CNA for hiring is listed on the Registry without any substantiated finding.

Louisiana CNA Certification Validity and Renewal

CNA Certification in Louisiana is renewable every two (2) years. In order to maintain the current valid status of the certification, and for re-certification, CNAs must provide nursing-related services of at least eight (8) hours for compensation in an approved facility within the past 24 months. Certified Nursing Assistants, who are unable to submit evidence of eight hours of paid nursing-related services in an approved facility within the past two years may require retesting immediately after the expiration for maintaining the certification in the current status. If they still fail to test, or unable to clear any part of the test (written or skills test), they will have to complete retraining to be eligible for CNA Certification in Louisiana.