A Louisiana general power of attorney (GPOA) is a legal document a principal executes to delegate financial decision-making authority to an attorney-in-fact or agent. The attorney-in-fact holds the powers the principal grants, but the principal maintains complete authority over their finances.
This document is non-durable, meaning it expires if the principal becomes incapacitated or mentally incompetent. The automatic expiration of a non-durable power of attorney is useful because incapacitated people can’t revoke it themselves. If you want your agent to continue having powers in the event of your incapacitation, sign a durable form instead.
Laws — LA Civil Code art. 2989 through 3034.
Authority (LA Civil Code art. 2994) – The principal can grant the attorney-in-fact authority to make financial decisions according to what’s appropriate for the circumstances.
Signing Requirements (LA Civil Code art. 2993) – State law doesn’t specify any signing requirements. However, a witness or notary public should acknowledge the principal’s signature to legitimize it.
Presumption of Durability (LA Civil Code art. 3026) – This document is durable, meaning that it will continue to be effective if the principal becomes disabled, incapacitated, or otherwise unable to expressly revoke the granted powers. If a contrary agreement is present, it will apply.
