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Louisiana Durable Power of Attorney

A Louisiana durable power of attorney is a mandate under La. Civ. Code art. 2989 that continues through your incapacity by default, with no separate device.

Introduction

A durable power of attorney is a legal document that lets you name someone you trust to manage your money, property, and business matters if you cannot handle them yourself. The word durable means the authority keeps working even if you later become incapacitated and can no longer make decisions, which is usually why people create one. Louisiana handles this differently from most states. Louisiana is a civil-law state that did not adopt the Uniform Power of Attorney Act, so what other states call a financial or durable power of attorney is a mandate, also called a procuration, under La. Civ. Code art. 2989. A mandate is a contract by which you, the principal, give authority to another person, the mandatary (your agent), to transact affairs for you. Louisiana does not use a separate durable device because, under La. Civ. Code art. 3024, a mandate is not ended by your mere incapacity; it already continues by default. Under La. Civ. Code art. 2993 the mandate needs no particular form generally, but a mandate authorizing an act the law requires in a certain form, such as transferring immovable (real) property, must use that same form under art. 1839. Certain powers require express authority under arts. 2996 and 2997. This guide covers the financial and general mandate only. A health-care mandate is a separate matter. Attorney review is available as an option before you sign.

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Key Things to Know

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    A durable power of attorney lets someone act for you. It names an agent to handle your money, property, and business matters, and durable means the document keeps working even if you later become incapacitated. In Louisiana this instrument is a mandate, also called a procuration, and the agent is called your mandatary.

  2. 2

    Louisiana calls it a mandate. Louisiana is a civil-law state and did not adopt the Uniform Power of Attorney Act, so under La. Civ. Code art. 2989 what other states call a financial power of attorney is a mandate: a contract by which you, the principal, confer authority on a mandatary to transact affairs for you.

  3. 3

    It continues through your incapacity by default. Louisiana has no separate durable power of attorney device because, under La. Civ. Code art. 3024, a mandate terminates only on death of the principal or mandatary, interdiction of the mandatary, or qualification of a curator after the principal's interdiction. Your mere incapacity does not end it.

  4. 4

    There is no set form generally, but form follows the act. Under La. Civ. Code art. 2993 the contract of mandate is not required to be in any particular form. But when the law prescribes a certain form for an act, a mandate authorizing that act must be in that same form.

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    Real estate needs an authentic act. A mandate used to transfer immovable (real) property must be by authentic act or by act under private signature under La. Civ. Code art. 1839. An authentic act is signed before a notary and two witnesses, and the instrument has effect against third persons only from filing for registry in the parish where the property sits.

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    Some powers need express authority. Under La. Civ. Code art. 2996, authority to alienate, acquire, encumber, or lease a thing must be given expressly. Under art. 2997, express authority is also required to make a donation, accept or renounce a succession, contract a loan, endorse negotiable instruments, enter a compromise or arbitration, make health care decisions, or limit communication with you.

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    It only works while you have capacity, and you can end it anytime. A mandate is a contract under La. Civ. Code art. 2989, so it can only be granted by a principal who still has capacity to authorize it. Under La. Civ. Code art. 3025 you may terminate the mandate and the mandatary's authority at any time.

Key decisions before you file

Before you file a Durable Power of Attorney in Louisiana, a few decisions shape the document: which option to choose and what each one means. The Durable Power of Attorney guide walks through them.

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LOUISIANA POWER OF ATTORNEY (MANDATE)

NOTICE: This is an important legal document. In Louisiana it is called a mandate, also known as a procuration. It gives the person you name as your mandatary (agent) authority over the money and property matters you list. Under La. Civ. Code art. 3024, that authority continues even if you later become incapacitated. You may terminate it at any time under La. Civ. Code art. 3025. Read it carefully before you sign.

  1. DESIGNATION OF MANDATARY (AGENT) I, [PRINCIPAL NAME], of [CITY], Louisiana, appoint [MANDATARY NAME] of [CITY], Louisiana, as my mandatary (agent) to transact the affairs set out below on my behalf, under La. Civ. Code art. 2989. If my mandatary cannot serve, I appoint [SUCCESSOR MANDATARY NAME] as successor.

  2. DURABILITY (La. Civ. Code art. 3024) This mandate continues in effect if I later become incapacitated. Under La. Civ. Code art. 3024 a mandate terminates only on my death or the death of my mandatary, interdiction of my mandatary, or qualification of a curator after my interdiction. My mere incapacity does not end it, so Louisiana does not require separate durability language.

  3. WHEN IT TAKES EFFECT [ ] Effective immediately upon signing. [ ] Effective only upon a future event, such as my incapacity, as a suspensive condition under La. Civ. Code art. 1767.

  4. GRANT OF AUTHORITY I grant my mandatary authority over the financial and property affairs I list or initial here: [banking, real estate, taxes, government benefits, business interests]. Certain acts require an express grant. Under La. Civ. Code art. 2996, authority to alienate, acquire, encumber, or lease a thing must be given expressly. Under art. 2997, express authority is also required to make a donation, accept or renounce a succession, contract a loan, endorse negotiable instruments, or make health care decisions. These are authorized only if initialed here: [____].

  5. EXECUTION (La. Civ. Code arts. 2993, 1839) Under La. Civ. Code art. 2993 this mandate needs no particular form for ordinary affairs. But a mandate authorizing an act the law requires in a certain form, such as transferring immovable (real) property, must use that form: an authentic act, signed before a notary and two witnesses, or an act under private signature under La. Civ. Code art. 1839.

Dated: [DATE]

[PRINCIPAL NAME], Principal

AUTHENTIC ACT (required for immovable property; recommended generally) State of Louisiana, Parish of [PARISH]. On [DATE], before me, [NOTARY NAME], Notary Public, and the two witnesses named below, personally appeared [PRINCIPAL NAME], who signed this mandate in our presence.

Notary Public Witness 1: _____________________ Witness 2: _____________________

Note: A mandate used to transfer immovable (real) property must be by authentic act or act under private signature and has effect against third persons only from filing for registry in the parish where the property is located (La. Civ. Code art. 1839). This is a Louisiana skeleton for a financial or general mandate; a health-care mandate is separate. For the complete, customizable template, see the full Durable Power of Attorney template.

Louisiana Requirements for Durable Power of Attorney

Use a Written Mandate (Louisiana's Power of Attorney)

Louisiana is a civil-law state that did not adopt the Uniform Power of Attorney Act. Under La. Civ. Code art. 2989, what other states call a financial or durable power of attorney is a mandate, also called a procuration: a contract by which you, the principal, confer authority on a mandatary (agent) to transact affairs for you.

Match the Form to the Act You Authorize

Under La. Civ. Code art. 2993, the contract of mandate is not required to be in any particular form. But when the law prescribes a certain form for an act, a mandate authorizing that act must be in that same form. Confirm the form each authorized act requires before you sign.

It Continues Through Your Incapacity by Default

Louisiana has no separate durable power of attorney device. Under La. Civ. Code art. 3024, a mandate terminates only on death of the principal or mandatary, interdiction of the mandatary, or qualification of a curator after the principal's interdiction. Your mere incapacity does not end it, so no separate durability language is needed.

Future-Event Effective Date (Optional)

If you want the mandate to take effect only on a future event such as your incapacity, Louisiana reaches that result through a suspensive condition. Under La. Civ. Code art. 1767, a conditional obligation dependent on an uncertain event may not be enforced until the event occurs, which mirrors a springing power of attorney.

Authentic Act for Real Property (Notary and Two Witnesses)

A mandate used to transfer immovable (real) property must be by authentic act or by act under private signature under La. Civ. Code art. 1839. An authentic act is signed before a notary and two witnesses. Under art. 2993 the mandate authorizing the transfer must be in that same form.

File for Registry for Immovable Property

Under La. Civ. Code art. 1839, an instrument transferring immovable (real) property has effect against third persons only from the time it is filed for registry in the parish where the property is located. File the mandate for registry in that parish before it is relied on for a real-property transaction.

Certain Powers Need Express Authority

Under La. Civ. Code art. 2996, authority to alienate, acquire, encumber, or lease a thing must be given expressly. Under art. 2997, express authority is also required to make a donation, accept or renounce a succession, contract a loan, endorse negotiable instruments, enter a compromise or arbitration, make health care decisions, or limit communication with you. Without express language, the mandatary cannot take these acts.

Terminate the Mandate at Any Time

Under La. Civ. Code art. 3025, you may terminate the mandate and the authority of the mandatary at any time. A mandate that also serves the interest of the mandatary or a third person may be made irrevocable by agreement. If the mandate was filed for registry, file the revocation in the same parish so it gives notice.

Frequently Asked Questions

A durable power of attorney is a legal document that lets you name an agent to manage your financial and property matters, and it stays in effect even if you later become incapacitated. In Louisiana this instrument is a mandate, also called a procuration, under La. Civ. Code art. 2989, and under art. 3024 it continues through your incapacity by default rather than ending when you lose the ability to make decisions.

In most states the difference is whether the document survives your incapacity, and only a durable one does. Louisiana does not draw that line. Under La. Civ. Code art. 3024, a Louisiana mandate terminates only on death, interdiction of the mandatary, or qualification of a curator after the principal's interdiction, so it continues through incapacity by default. Louisiana therefore has no separate durable versus nondurable distinction.

Not every mandate. Under La. Civ. Code art. 2993, the contract of mandate is not required to be in any particular form. But when the law prescribes a certain form for an act, the mandate must be in that form. A mandate to transfer immovable (real) property must be by authentic act or by act under private signature under art. 1839, and an authentic act is notarized before a notary and two witnesses.

Under La. Civ. Code art. 2996, authority to alienate, acquire, encumber, or lease a thing must be given expressly. Under La. Civ. Code art. 2997, express authority is also required to make an inter vivos donation, accept or renounce a succession, contract a loan or become a surety, draw or endorse negotiable instruments, enter into a compromise or arbitration, make health care decisions, and limit communication with the principal. Without express language, the mandatary cannot take these acts.

Functionally yes. Louisiana does not use the term springing power of attorney, but a mandate's effect can be made to depend on a future uncertain event. Under La. Civ. Code art. 1767, a conditional obligation is one dependent on an uncertain event, and where the obligation may not be enforced until the event occurs, the condition is suspensive. This reaches the same result as a springing power of attorney.

Under La. Civ. Code art. 3025, the principal may terminate the mandate and the authority of the mandatary at any time. A mandate that also serves the interest of the mandatary or a third person may be made irrevocable by agreement, for as long as the object of the contract may require. If the mandate was filed for registry, file the revocation in the same parish so it gives notice to third persons.

Yes. A mandate used to transfer immovable (real) property must be in the same form the law requires for the act. Under La. Civ. Code art. 1839, a transfer of immovable property must be made by authentic act or by act under private signature, and under art. 2993 the mandate authorizing it must be in that same form. The instrument has effect against third persons only from filing for registry in the parish where the property is located.

No. The mandate described in this guide is the financial and general instrument. Health care decisions are treated separately. Under La. Civ. Code art. 2997, authority to make health care decisions, such as surgery, medical expenses, nursing home residency, and medication, must be given expressly. A financial mandate that does not expressly grant health care authority does not authorize medical decisions.