A Louisiana durable power of attorney form is a document that grants someone the legal authority to act and make decisions on behalf of another person in the state of Louisiana. The person that gives the authority is called “the principal,” while the person who receives it is called “the agent.”
The term “durable” indicates that the form will remain in effect if the principal becomes incapacitated or unable to decide for themselves. That’s why appointing a responsible and trustworthy agent is essential for a durable power of attorney form.
Laws
Under Louisiana law, the term “power of attorney” is not widely used. Instead, “representation,” “procuration,” and “mandate” are more common.
A procuration is a unilateral juridical act through which someone (the principal) confers authority to another person (the representative) to represent them in legal relations, which generally do not include medical matters.
A mandate is a contract that allows someone (the principal) to confer authority to another person (the mandatary) to conduct transactions on various affairs of the principal.
Because a procuration does not include medical decisions, and because a health care power of attorney is referred to as a “mandate” in the Louisiana State Elder Commission, we will focus closely on mandates.
- Statutes: Civil Code, Title XV, Chapter Two (including Civ. Code Ann. Art. 2989 and Civ. Code Ann. Art. 3032).
- Presumed Durable: Yes – durability presumed (Art. 3026).
- Signing Requirements: Requires signature of the principal and two witnesses.
- Notarization: Requires notarization.
- Statutory Form: No.