How do I create a power of attorney in Louisiana?

Question

Accepted Answer

Louisiana's civil-law tradition makes its POA structure (the "mandate") distinct from every other US state.

1. Governing Law

La. Civ. Code arts. 2985-3034 (Title XV: Representation and Mandate, Chapter 2). Healthcare declarations at La. Rev. Stat. §§ 40:1151.1 to 40:1151.10 (Natural Death Act). Not a UPOAA state.

2. Types

Procuration / Mandate — the civil-law analogue of POA. May be general or special (limited).

Durable mandate — permitted; survives interdiction if expressly stated (Civ. Code art. 3026).

Healthcare — separate Declaration Concerning Life-Sustaining Procedures under La. Rev. Stat. § 40:1151.3.

3. Statutory Form

Louisiana does NOT provide a statutory short form. Drafters must enumerate authorities clearly. La. Civ. Code art. 2997 lists express-authority requirements (alienating immovables, making donations, etc.).

4. Execution Formalities

Under La. Civ. Code art. 2993, a mandate may be oral, written by act under private signature, or by authentic act. However:

Authentic act (notarized before a Louisiana notary in the presence of two witnesses) is required for any mandate that authorizes the agent (mandatary) to dispose of immovable property or to sell, mortgage, or otherwise alienate real estate (art. 2993).

Act under private signature (signed by principal and two witnesses, ideally acknowledged) works for most other transactions.

Out-of-state acknowledgments may be accepted under art. 1839.

5. Durability

Under La. Civ. Code art. 3026, a mandate terminates on interdiction of the principal unless the mandate expressly provides that it survives interdiction or incapacity. NOT automatically durable.

6. Acceptance by Third Parties

Louisiana lacks UPOAA's mandatory-acceptance rule. Civ. Code art. 3032 protects third parties dealing in good faith. Banks may impose institution-specific requirements; refusal generally requires litigation to compel acceptance.

7. Revocation

Principal may revoke at any time, even orally (art. 3025), but must give notice to the mandatary and to third parties who knew of the mandate (art. 3032). Death of principal terminates (art. 3024); divorce of mandatary-spouse does not automatically terminate absent express provision.

8. Special Authorities

La. Civ. Code art. 2997 requires express authority for: alienating, leasing, or encumbering immovables; making inter vivos donations; accepting or renouncing a succession; contracting a loan; drawing or endorsing promissory notes; entering into a compromise; making health-care decisions (covered by separate statute).

This is legal information, not legal advice.