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.
Here is what you need to know to complete a durable power of attorney in the Pelican State.
Louisiana Durable Power of Attorney Requirements
Under Louisiana law, the term “power of attorney” is not widely used. Instead, “representation,” “procuration” and “mandate” are more common.
Relevant Laws: 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: Requires signature of the principal and two witnesses.
Notarization: Requires notarization.
Statutory Form: No.
How to Fill Out a Louisiana DPOA Form
By following these steps, you can easily create a durable power of attorney form for Louisiana.
Step 1: Designate an Agent
Before creating a durable power of attorney in Louisiana, the principal must name someone as their agent—typically a trustworthy adult that fully understands what a power of attorney is.
Once chosen, both the principal and the agent should write their names and addresses at the top of the durable power of attorney form.
Step 2: Grant Authority
Next, the principal needs to outline on the form the areas over which the agent will have legal power. A principal can opt for general authority or specific authority over some areas such as:
- safe deposit box
- lending or borrowing
- government benefits
- retirement plan
- personal property
- real estate
The principal can also write on the form specific instructions about which actions the agent can perform on their behalf.
Step 3: Ensure Your Form Is Durable
In Louisiana, a power of attorney is presumed to be durable unless it’s specified to be non-durable on the form.
Step 4: Sign and Date the Form
To complete the durable power of attorney form, the principal must sign and date the durable power of attorney form. It also needs to be notarized and contain the signatures of two witnesses.
In Louisiana, the full name and signature are required in the Specimen Signature And Acceptance Of Appointment section, which should also be notarized before the document is completed.
Storing and Using Your Form in Louisiana
The effective date of the DPOA must be indicated by the principal on the form. It can either become effective immediately (once signed) or at a later date when the principal becomes incapacitated.
Irrespective of the effective date, DPOAs should be stored in a safe place and copies should be distributed to the attorney in fact, family, and relevant institutions and third parties.
Signing on Behalf of the Principal
To enable the agent to sign on the principal’s behalf, the latter should contact the third party or place the DPOA will be used, and provide the IDs of both parties.
The agent can then sign as follows:
by [Agent’s name]
Power of attorney
Revoking a Durable Power of Attorney in Louisiana
If needed, a principal can revoke a power of attorney at any time—as long as they are sound of mind—by completing and filing a revocation of power of attorney.