What Is Provisional Custody by Mandate in Louisiana?
A provisional custody by mandate in Louisiana is the state’s official name for a minor (child) power of attorney form. As long as you have parental authority, you can use this form to delegate temporary decision-making powers over your child’s affairs (LA Rev Stat § 9:951). You keep your parental powers, but also let someone else have them in case you are unavailable for a certain matter.
Depending on what terms you include, you can allow your chosen agent or mandatary to perform the following actions (LA Rev Stat § 9:953):
- Consent to medical care and treatment for your child
- Enroll your child in school
- Discipline your child using appropriate methods
- Provide shelter, support, and general welfare to your child
A Louisiana provisional custody by mandate is useful because it does not require court involvement. If you become unavailable due to work, an illness, or military service, this form gives your appointed agent the authority to act on your child’s behalf.
Is a Provisional Custody by Mandate the Same as Temporary Guardianship?
No. Louisiana law offers several ways for children to have other caregivers besides their parents step in:
- Provisional Custody by Mandate. Parents can enter into a private agreement to temporarily delegate authority to another adult (LA Rev Stat § 9:951).
- Voluntary Transfer of Custody. Parents can choose to transfer legal custody to a responsible adult to ensure the child receives proper care (LA Ch. Code Art. 1511). This process happens through the court.
- Motion for Guardianship. This is used in cases where a child has been determined to be “in need of care.” It’s a court-appointed process that provides a permanent home for a child when they cannot be safely reunited with their parents (LA Ch. Code Art. 720).
Legal Requirements for a Louisiana Minor (Child) Power of Attorney
A Louisiana minor (child) power of attorney must be signed by both parents. They must sign before two witnesses and have their signatures acknowledged by a notary public (LA Rev Stat § 9:954). Use Legal Templates’s notary acknowledgment form to fulfill the latter part of this requirement.
Requirements for the Witnesses
Both witnesses to a Louisiana provisional custody by mandate must meet the following requirements:
- Be at least 18
- Be mentally competent
- Not be the notary public
- Not be the mandatary
- Be a disinterested third party
How Long Does a Louisiana Minor (Child) Power of Attorney Last?
According to LA Rev Stat § 9:952, a Louisiana minor power of attorney can last up to one year. If you want the mandatary’s powers to extend beyond this period, you must write and execute a new Louisiana provisional custody by mandate.
Regardless of what your provisional custody by mandate says, the form will always terminate in these situations:
- When anyone with parental authority revokes the document
- When the mandatary resigns or otherwise renounces the mandate
- 15 days after anyone with parental authority dies
- When the court appoints a tutor or provisional tutor
You may revoke a Louisiana provisional custody by mandate at any time with a power of attorney revocation form.
Sample Louisiana Provisional Custody by Mandate
View an example of our Louisiana provisional custody by mandate. It will help you better understand what powers you can assign to your chosen mandatary and how to structure your agreement. Fill out your own with custom terms using our guided form. Once you complete it, you can download it in Word or PDF format and execute it by following the proper legal requirements. Keep a copy for yourself and distribute as needed to your child’s school, doctors, and extracurricular activity coordinators.
