What Is a Louisiana Power of Attorney?
A Louisiana power of attorney is a legally binding contract between an agent and a principal. The principal creates the document to outline the agent’s ability to handle their affairs. Typically, the agent acts on the principal’s behalf in medical or financial decisions. In Louisiana, the principal must be at least 18 and fully competent when creating their POA.
The language surrounding a Louisiana POA may also vary from other states. In state laws, a power of attorney document is called a mandate or procuration, and the selected agent is called the mandatary.
Use our document builder to create a free Louisiana power of attorney with your terms and limits. Protect yourself and your agent with a customizable contract that works for you.
Types of Powers of Attorney in Louisiana
Louisiana recognizes multiple types of powers of attorney. Using a specific POA form allows you to list more relevant authorities. Depending on your desired terms, consider the following types of powers of attorney.
Durable vs. Non-Durable
Any POA operates as a durable or non-durable agreement. In a durable power of attorney, the agent maintains authority after your incapacitation. The principal’s incapacitation revokes the agent’s powers in a non-durable agreement. According to LA Civ Code Art. 3026, a Louisiana POA is considered durable unless stated otherwise.
Financial
Using a financial POA allows your agent to handle your monetary assets and affairs. This document includes terms more specific to financial authorities. Select any or all of the financial authorities available, including the following:
- access to bank accounts
- control over stocks and investments
- management of real estate and personal property
- ability to make purchases or sales
Medical
A medical power of attorney focuses on your agent’s ability to make health care decisions for you. In Louisiana, this form may be referred to as a power of attorney for health care. The most common powers provided by a medical power of attorney include:
- access to medical records
- ability to consent to treatments
- managing pain medications
- deciding on life-sustaining care
Under LA Rev Stat § 28:224, combining your medical POA with a living will serves as an advance directive to communicate your wishes for end-of-life care if you become incapacitated. LA Rev Stat § 28:227 sets the terms for your health care agent and their obligation to follow the advance directive. If there is no clear intention expressed in the advance directive, the agent must act in good faith based on what they believe to be in the principal’s best interest.
Durable (Financial)
Remains in force if you become incapacitated.
Signing Requirements: No particular form required.
Limited (Special)
Specifies the authority an agent or proxy has when managing another person's affairs.
Signing Requirements: No particular form required.
Non-Durable (General)
Nominates an agent to take care of your financial business.
Signing Requirements: No particular form required.
Springing
The form "springs" into effect in a certain situation, and ends at a specified time.
Signing Requirements: No particular form required.
Minor (Child)
Ensures that a trusted third party may take temporary parental responsibility for health care matters.
Signing Requirements: Notary public and two witnesses.
Motor Vehicle
Ensure that your agent makes decisions on your behalf in transactions relating only to motor vehicles.
Signing Requirements: Notary public.
Real Estate
Use this to authorize an agent for real estate transactions like buying, selling, managing, or refinancing property.
Signing Requirements: Two witnesses and a notary public (recommended)
Revocation
Use to revoke a previous power of attorney, ending the agent’s authority.
Signing Requirements: Two witnesses and/or notary public (recommended).
How to Write a Power of Attorney for Louisiana
Writing a power of attorney or mandate in Louisiana requires you to include the proper information and terms. Create an effective and binding Louisiana power of attorney with the following steps:
- Identify the parties involved: Write the principal’s and agent’s full legal names and addresses. Also include any successor agents or co-agents.
- Grant general power: Select from the list of authorities to determine what decisions you want your agent to control. Per LA Civ Code Art. 2994, under the general power of attorney, the agent may perform any necessary actions in the principal’s best interest unless expressly prohibited.
- Express special instructions: If you want to provide more complex authorities, manually add them as special instructions. This may include the powers listed in LA Civ Code Art. 2997, such as handling trusts, custody, loans, and beneficiaries.
- Set the duration: Select whether you want your arrangement to be durable or non-durable. You can also provide terms about specific events that trigger the termination of the contract. If there is no specification, the POA is considered durable by default.
- Select the start date: Note the start date of your POA. In Louisiana, this document is effective upon signing unless stated otherwise.
- Review and sign: Look over your document to ensure the information is accurate and compliant. Once complete, the principal must sign and complete any required notarization, witnesses, or filing.
Louisiana Power of Attorney Legal Requirements & Considerations
Louisiana power of attorney requirements work to make your document enforceable. Consider the following legal processes and factors to create a POA in Louisiana.
Notarization
Notarizing a power of attorney or mandate in Louisiana proves its validity and enables your agent to act on your behalf. General POAs must be signed and dated by the principal without undue influence. More specific documents, such as a power of attorney for healthcare, may have more specific notarization or witness requirements.
Filing
In Louisiana, a general power of attorney does not need to be filed with a government office. It’s always best practice to keep a copy of your agreement and make additional copies for financial or medical institutions that may require them. According to LA Civ Code Art. 1839, if the mandate allows the agent to handle real estate, it must be recorded with the clerk of court in the parish where the property is located in order to be valid against third parties.
Revocation
If the principal wants to remove the agent’s authority, they can revoke the POA at any time under LA Civ Code Art. 3025. In addition, the agent can relieve themselves of their duties whenever necessary using the method outlined in LA Civ Code Art. 3029. These revocation methods require a written notice to be delivered to the other party.
The agreement’s terms may also provide possible methods for revocation. This can include fulfilling a specific event, purpose, or end date marked in the original document. LA Civ Code Art. 3024 states that the agent’s powers end at the time of the principal’s incapacitation in a non-durable contract or at the principal’s death in a durable agreement.
