The Louisiana durable power of attorney (durable POA) enables one person, called the principal, to authorize another person, called the agent or the attorney-in-fact, to represent them before medical, legal, financial, or other institutions and third parties.
The principal can use the durable power of attorney in any situation where they are unable to personally complete a certain action or make a certain decision. This can be due to their unstable physical or mental state, a lack of professional knowledge, or simply because they are located far from the place where a certain action needs to be taken.
The common reason for issuing a durable power of attorney is the principal’s disability caused by dementia or Alzheimer’s disease.
Durable Power of Attorney Laws & Requirements in Louisiana
Louisiana law doesn’t use the term “power of attorney”. Instead, it uses the terms “procuration” and “mandate.” A procuration is a unilateral document, while a mandate is in the form of a contract.
Considering that the procuration is not used for medical-related matters, we will analyze the mandate as a document that is closer to a power of attorney.
Below, you can find the legal framework for the durable power of attorney form in Louisiana.
Laws & Requirements
Signing requirements: Both the principal and the agent must sign the mandate. Although not mandatory, the document should be signed before the notary public and at least two witnesses.
Statutory form: The Louisiana statute does not provide the statutory form for the mandate.
How to Fill out a Durable Power of Attorney in Louisiana
#1. Designate an Agent
Here, you should insert the full names and mailing addresses of the principal and the agent. If necessary, you can also insert additional information about the agent, like their ID or professional license number.
When choosing the agent, you should keep in mind that it must be a person of legal age and with legal capacity. Moreover, it should be someone you trust, especially if you are authorizing them to make decisions regarding your financial status or healthcare.
Finally, the agent should be located close to the place where a certain action needs to be completed.
#2. Grant Authority
After you have determined the agent, you should define the scope of their authority.
Our Louisiana durable power of attorney template has three ways of determining the scope of the agent’s authority:
Scope of Authority
General authority. With general authority, you are enabling the agent to take any necessary action on your behalf and to interact with any third party. You can limit the general authority by naming the actions the agent is not authorized to take.
Partial authority. This section contains a list of all the most commonly used authorities. You can select the authorities you want your agent to have by signing your initials before the relevant authority.
Special authority. Here, you can define in your own words the scope of authority you want your agent to have. You can provide the authorities that are not listed in the “partial authority” section.
#3. Ensure the Form is Durable
In Louisiana, the power of attorney is durable by default, meaning that you must explicitly state in the document if you wish your power of attorney to be non-durable.
#4. Sign the Form
The Louisiana durable power of attorney, or mandate, must be signed by both the principal and the agent. Although not mandatory, the parties should sign the document before the notary public and at least two witnesses.
#5. Notarize the Form
The notary public will confirm the authenticity of the principal’s signature and the authenticity of the document.
#6. Store Your Durable Power of Attorney Form
After finalizing and signing the document, you should keep it in your possession and store it in a safe place. You can give one copy to the agent so they can prove their capacity to any third party they are interacting with on your behalf.
How to Revoke a Durable Power of Attorney in Louisiana
The durable power of attorney in Louisiana can be revoked by making an oral or written revocation or by destroying the durable power of attorney with the intention to revoke.
However, the most common way of revoking the durable power of attorney is by issuing a revocation letter. This letter should include the full name and mailing address of the agent, as well as the date of issuance of the power of attorney you wish to revoke.
To make the revocation effective, you must give one copy of the revocation letter to the agent and all the relevant third parties.