A Louisiana power of attorney revocation form is used to formally end a principal-agent relationship established by a previous power of attorney (POA). It requires the principal’s and agent’s details, a description of the original POA, and the principal’s signature.
For effectiveness, distribute copies to the former agent and relevant institutions, ensuring all parties are informed to prevent liability from actions taken under the revoked POA.
Legal Considerations
Statute – § 3025
Signing Requirements – Two witnesses and/or notary public (recommended).
Revocation and Termination
To revoke a Louisiana power of attorney, you need to follow these steps:
- Provide a written notice of revocation to the agent and any third parties acting under the power.
- Retrieve all copies of the document from the agent and any institutions where it was presented.
- If applicable, file the revocation notice with the same office where the original document was recorded.
Considerations
- Causes of termination include the death of the principal or the mandatary, interdiction of the mandatary, and qualification of the curator after the interdiction of the principal. (Art. 3024)
- The principal has the power to terminate the mandate and the authority of the mandatary at any time. (Art. 3025)
- If the mandate is in the interest of the principal and that of the mandatory or a third party, it may be irrevocable if the parties agree to it. (Art. 3025)
- In the absence of a contrary agreement, neither the contract nor the authority of the mandatary is terminated by the principal’s incapacity, disability, or other condition that makes an express revocation of the mandate impossible or impractical. (Art. 3026)
- Acts performed in good faith without knowledge of termination are binding to the principal and their successors in interest.
Fees
- Notary fees: Document notarization is recommended, with costs ranging from $10 to $25 per signature.
- Recording fees: If the original document was recorded, the revocation should be, too, for $25 to $50, depending on the parish.
Resources
- Louisiana State Bar Association – A group of volunteer lawyers focused on enhancing legal practice and justice administration.
- Southeast Louisiana Legal Services – A non-profit offering free legal info and services to underprivileged individuals and families.
Related Forms
Durable Power of Attorney Form
Signing Requirements: Principal, two witnesses and notary public.
Minor (Child) Power of Attorney
Signing Requirements: Notary public and two witnesses.
Medical Power of Attorney
Signing Requirements: Two witnesses or a notary public.
