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Written by Lumr Team
A Power of Attorney lets you give someone authority to act for you and make important decisions about your finances or health care. You can make one in just a few minutes that contains all the relevant details and is fully customized to your situation with Lumr’s Louisiana Power of Attorney template.
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A power of attorney lets you authorize another person to act on your behalf. In Louisiana, this is generally known as a mandate or procuration. The person you appoint to handle your affairs is called the mandatary or agent.
You can give your agent the authority to handle all your affairs broadly, or just to carry out specific tasks. You need to expressly give some powers, such as selling property or making healthcare decisions.
The requirements you need to follow when giving power of attorney in Louisiana can change depending on what authority you give your agent. Some of the main requirements to be aware of are explained below:
| Key Rule | Louisiana Law | Explanation |
|---|---|---|
| 1. No universal form | La. C.C. Art. 2993 | A mandate does not need a specific form unless the law requires one. |
| 2. Express authority for certain acts | La. C.C. Arts. 2996, 2997 | You must expressly authorize certain powers, including property transactions and healthcare decisions. |
| 3. Required formalities | La. C.C. Arts. 1833, 1836, 1837 | Follow the required form when the law requires an authentic act or another specific form. |
Several different types of POA exist. The one you should use depends on the powers you want to grant:
A general power of attorney gives your agent broad authority to handle matters for you.
You can authorize your agent to manage many different affairs, including your:
However, some powers must be given expressly under Louisiana law, even when you grant broad authority.
A medical power of attorney grants your agent the authority to make healthcare decisions for you.
Your agent can be authorized to make decisions about:
A durable Power of Attorney generally continues if you become incapacitated.
Louisiana's default rule is different from many states. General POAs continue if you become incapacitated, unless you agree otherwise. This means your agent can continue acting for you, even if you can no longer make decisions.
When you create a limited Power of Attorney, you give your agent authority over specific matters.
Common reasons for creating this type of POA include:
Louisiana uses a specific provisional custody by mandate when a parent or other qualifying person wants to temporarily delegate care of a minor child.
The written mandate can cover medical care, education, discipline, shelter, support, and general welfare.
It can last for the period stated in the document, but no more than one year from execution. It does not permanently transfer legal custody.
With our Louisiana Power of Attorney template, you can create a document that exactly fits your wishes in just a couple of minutes. Follow the steps below to complete the whole process.
Based on your needs, choose general, medical, durable, limited, or another type of authority.
Enter your full name and contact details as the principal of the POA.
Provide the details of the person you want to act for you. You can also name a successor agent.
State the matters you want your agent to be able to handle. You need to give express authority for powers that Louisiana law requires you to state specifically.
Choose when the POA starts, whether it continues during incapacity, and any limits or expiration date you want to include.
Review the completed document and follow the signing formalities required for the authority you are granting.
Still have questions about a Louisiana Power of Attorney? Find quick answers to common questions below.
You can generally revoke your Power of Attorney at any time while you have the capacity to do so. Make sure to notify any relevant parties of the revocation.
If the POA was recorded, you should also record the revocation. This helps protect people who are entitled to rely on the public records.
Yes. A valid mandate gives your agent the legal authority to act for you.
Your agent must only act within the authority that you set out in the POA. If the agent exceeds it, they may become personally responsible in certain circumstances.
No, not every Louisiana Power of Attorney needs to be notarized. Louisiana law does not require one specific format for every mandate.
However, some transactions require a specific form. An authentic act is a document signed before a notary and two witnesses. If the law requires an authentic act for the authority you’re granting your agent, your POA must meet these requirements.
While a handwritten POA can potentially be valid, it’s not recommended. However, a handwritten document typically does not meet requirements for an authentic act, which means that many institutions such as banks will reject it.
You can avoid this headache by using our printable power of attorney form for Louisiana.
Yes, you can still make your own decisions. You grant your agent authority, but this does not automatically take away your ability to act for yourself.
According to Louisiana Civil Code Article 3001, a mandatary must carry out the mandate with “prudence and diligence.” If they fails to do so and the principal suffers a loss, the mandatary is responsible for that loss.
They must also:
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