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In the state of Louisiana, a power of attorney is referred to as a “mandate.”
This legal document empowers an individual, the principal or grantor, to authorize another person, the agent or mandatory, to act on their behalf for certain activities, typically related to business or medical matters.
Keep in mind that the person you choose to serve on your behalf as your attorney-in-fact will be making decisions that could have far-reaching results for your life. As a result, pick someone you know you can rely on.
By executing a power of attorney in Louisiana, the principal can ensure that their affairs are managed competently and effectively, even if they become unable to do so themselves.
Types of Power of Attorney in Louisiana
Louisiana Durable (Statutory) Power of Attorney Requirements
In Louisiana, a durable power of attorney designates an agent to act on behalf of the principal in the event of their incapacity.
Louisiana General (Financial) Power of Attorney Requirements
A Louisiana general power of attorney grants an agent broad powers to act on behalf of the principal in various matters, mostly business and financial transactions and medical care.
This type of POA does not limit the scope of the agent's powers to a specific type of transaction or activity.
Louisiana Limited (Special) Power of Attorney Requirements
A specific power of attorney can be granted for a wide range of activities, including but not limited to parental matters, tax matters, medical matters, real estate matters, etc.
Louisiana Parental (Minors) Power of Attorney Requirements
A Louisiana minor power of attorney allows a parent or legal guardian who has legal custody of a child under the age of 18 but is temporarily unable to care for the child to delegate to an agent certain powers related to the child's care, custody, and control.
As the child's main caregiver, the parent or guardian maintains their legal rights and responsibilities.
Louisiana Medical Power of Attorney Requirements
A medical power of attorney enables an agent to make healthcare decisions on behalf of the principal. Therefore, it is advisable for the agent to possess relevant knowledge and experience in the field as well as be familiar with the principal's medical history.
Louisiana Springing Power of Attorney Requirements
A springing power of attorney becomes effective only upon the occurrence of a specific event or condition specified in the document. Once the event or condition is met, the agent is legally authorized to represent the principal.
Louisiana Vehicle Power of Attorney Requirements
A vehicle power of attorney is a specialized form of power of attorney that grants the agent the authority to handle matters regarding automobiles, such as registering or titling a vehicle.
Louisiana Revocation Power of Attorney Requirements
A revocation power of attorney grants the principal the right to revoke a previously issued power of attorney at any time. Once revoked, the principal may authorize a new agent with a new power of attorney.
Louisiana Tax Power of Attorney Requirements
With a Louisiana tax power of attorney, a principal who is unable to manage their own tax issues can outsource the task to another individual with the appropriate knowledge and expertise to handle tax matters.
Louisiana Real Estate Power of Attorney Requirements
A real estate power of attorney gives the agent authority to assist the principal with real estate transactions, such as buying, selling, or obtaining a mortgage.
Legal Requirements for a Power of Attorney in Louisiana
A power of attorney in Louisiana must meet the following legal requirements to be considered legal:
Legal Requirements
Mental capacity. To be considered mentally capable, both the principal and the agent must be legal adults who are of sound mind and fully comprehend the implications of granting or accepting power of attorney.
Written form. For a power of attorney to be considered valid, it is essential that it be created in writing.
Notarization. The notarization process involves obtaining the signature of the principal in front of a notary public and two witnesses.
Witnesses. Witnesses should both be over the age of 18 and capable.
Who Can Be an Agent for a Power of Attorney in Louisiana?
The principal should carefully consider their choice of agent when creating a power of attorney.
Primarily, the agent of a power of attorney must be an adult who is mentally stable and capable of representing the principal's interests. Additionally, the agent must consent to represent the principal and accept the responsibilities and obligations associated with that role.
It is also important to select an agent who knows the principal well, understands their wishes and values, and is selected based on their experience and expertise.
How to Create a Louisiana Power of Attorney
Power of Attorney in Louisiana
#1. Decide on Which Type of Document to Use
The type of power of attorney to use depends on the specific situation and needs of the principal. For example, some factors to consider when deciding are the purpose of the power of attorney, the powers granted, or the timing of its execution.
#2. Select an Agent
The agent should be someone the principal trusts implicitly and who is capable of managing their affairs. It's also a good idea to name a backup agent in case the main agent is unable to act.
#3. Define the Agent’s Powers
A power of attorney should be carefully drafted to ensure that the powers granted to the agent are clear and specific.
This means using clear and concise language to express your wishes and intentions while also making sure that all relevant details are included.
#4. Download & Fill in Our Form
After selecting a specific type of power of attorney, download the appropriate document and complete all relevant sections with care.
#5. Get It Signed & Notarized
A valid and enforceable power of attorney must be in written form and notarized (signed in the presence of a notary public and two witnesses).
#6. Safely Store the Original Copy
The safekeeping of the power of attorney document is important because it serves as a valuable record of the powers granted to the agent and can be used as proof of the delegation of authority in case any disputes arise.
#7. Provide Copies to Relevant Parties
Provide the agent with an original power of attorney document so they are able to present proof of their authority to act on behalf of the principal when necessary, like when they need to interact with banks, government agencies, or healthcare providers.
#8. Update the Document as Needed
Both the principal and the agent must sign and date any changes made to the document in writing to show their acceptance of the changes.
Verbal changes to a power of attorney document are not considered legally valid and can create confusion and disputes in the future.
How Long Does a Power of Attorney Last in Louisiana?
In Louisiana, a power of attorney takes effect immediately unless the document specifies a different date or event when it will become effective.
It remains in effect until it is revoked or until the principal dies. If the principal becomes incapacitated, the power of attorney will continue in effect unless the document specifies otherwise.
A power of attorney can also be terminated if the agent resigns, becomes incapacitated, or dies. (Sec. 4 Art. 3024-3026)
Louisiana Power of Attorney FAQ
The principals use a power of attorney when they need their affairs managed competently and effectively because they are unable to do so themselves.
A power of attorney grants another person, the agent or attorney-in-fact, the authority to act on behalf of the principal in specific matters defined in the document.
To ensure that your power of attorney is legally binding and recognized, it is important to draft it in writing and notarize it.
Yes, it is still important to have a will, even if you have a power of attorney.
A power of attorney can protect your interests while you are alive, but you need a will to make sure that your assets are divided up the way you want them after you die. Without a will, state law determines the distribution of your assets.