Power of Attorney Louisiana Legislation Demystified

Create a Power of Attorney Power of Attorney Louisiana Legislation Demystified

Get a Power of Attorney in Louisiana That Fits the Bill!

One of the most important documents you can sign or be bound by is a power of attorney (POA).

As a resident of Louisiana, you need to understand state law around POAs. This will make sure that what you sign as a principal or agree to as an agent will look after the principal’s interests if they are no longer able to make decisions for themselves.

DoNotPay has all the info you need to use a power of attorney in Louisiana safely and effectively!

All the Details of the Louisiana Power of Attorney Statutes

Under Louisiana state law, a power of attorney is known as a mandate and is regarded as a legal contract between the principal and the agent.

As such, a POA requires:

  • An offer to be made by the principal
  • The offer to be accepted by the agent

In practice, this means that a POA in Louisiana should be signed by the principal in the presence of a notary and two witnesses. The mandate must be in writing, but the state of Louisiana does not provide a statutory form for a POA.

Getting the details of a POA right in Louisiana is critical, as any interested party can file a lawsuit to contest a mandate if they feel the agent is acting improperly.

In such a court case, Louisiana law gives the judge the power to issue:

  • Injunctions to stop the agent from acting
  • Restraining orders to limit contact between the agent and the complaining party
  • Court orders to recover attorney’s costs from an agent

What Kinds of Power of Attorney Does Louisiana Recognize?

Louisiana power of attorney laws recognize a principal’s right to appoint an agent to manage their healthcare requirements and financial needs.

A financial power of attorney in Louisiana can come in various forms, as follows:

Type of POAExplanation
General POAA general POA in Louisiana gives full control of the principal’s financial affairs to an agent but terminates when the principal is declared incapacitated
Limited POAA Louisiana limited POA covers either:

  • Limited financial responsibilities, such as the sale of a property or the management of an investment portfolio
  • All financial matters for a limited time, such as when the principal expects to be absent for a certain period
Springing POAA springing POA covers all the principal’s financial affairs but only comes into effect once the principal is incapacitated. It is often called a conditional POA or mandate in Louisiana
Durable POAIn Louisiana, a durable POA delegates responsibility for all the principal’s financial affairs to the agent and remains in force even when the principal is declared incapacitated. It is the default form for all POAs in Louisiana

How To Set Up a Power of Attorney in Louisiana

The steps to set up a power of attorney or mandate in Louisiana as a principal are as follows:

  1. Choosing an agent
  2. Preparing the scope of the mandate
  3. Drafting the document
  4. Signing the mandate

Choosing an Agent

The choice of agent or attorney-in-fact is critical.

The person the principal chooses will take on vast responsibility and should therefore be someone they:

  • Trust to act in their best interests
  • Are convinced will not cause conflict among family members
  • Are confident will perform their function for as long as necessary

Preparing the Scope of the Mandate

The principal should decide exactly which areas of their finances the agent should have control over. The principal can choose to issue a general durable mandate or exclude certain aspects of their financial affairs.

As an example, they may wish their agent to control day-to-day financial matters but not to sell any property. They can exclude the agent’s right to make property deals in the scope of their mandate.

Drafting the Document

Louisiana does not prescribe a form for a power of attorney, so the principal can draft a POA document using whatever form they choose as long as it includes the following:

  • Names and details of the principal and the agent
  • Scope of the POA
  • Commencement and termination date

Signing the Mandate

Once the POA letter is complete, the principal can sign it.

The principal needs to sign the document in the presence of a notary and have it witnessed by two adults who are not named in the mandate or related to the principal or the agent.

The notary’s job is to:

  • Verify the principal’s identity
  • Confirm the principal understands what they are signing
  • Ensure the principal is not under duress to sign

If you need a power of attorney drawn up in Louisiana, you may think you need a lawyer to do the job for you. DoNotPay has a better solution—we can create a customized power of attorney for you in seconds!

Get Your Louisiana Power of Attorney in a Flash With DoNotPay!

DoNotPay is the master of making legal processes easy and uncomplicated—drafting a power of attorney is no exception!

To get your customized POA, all you need to do is:

  1. Sign up with DoNotPay in your web browser
  2. Click on our Create a Power of Attorney product
  3. Follow the prompts and give us the necessary details

Once your document is ready, you can go ahead and find a notary to complete the process. If you want to make validating your POA even easier, you can rely on DoNotPay and get your POA notarized without leaving our app!

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