A Louisiana Power of Attorney, also known as a Mandate or Procuration, is a document prepared by the principal to legally and officially allow a curator to make decisions and act on their behalf.
This legal authority in Louisiana State is designated by a principal who will choose a representative known as mandatory. This is different from other states where the representative is referred to as an attorney-in-fact or agent.
The principal can prepare this Louisiana power of attorney for different reasons such as medical, financial, filing taxes, selling property, signing contracts, and many more. The principal must sign this document to make it valid. This power of attorney form is valid in all counties and municipalities across Louisiana State.
As a principal, you need to choose a representative you trust to make the best decisions and act accordingly. If you wish for your power of attorney to remain effective even after becoming incapacitated or incompetent, you should prepare a Louisiana durable power of attorney.
Note: In case you are incapacitated or mentally incompetent before you get a chance to execute your power of attorney to make it valid, a court proceeding will have to happen to resolve the matter. This court proceeding is known as an Interdiction in Louisiana. It is meant to declare you as legally incompetent before a curator is named to deal with your affairs.
Who Can Have a Louisiana POA?
Anyone above 18 years old in Louisiana can get a power of attorney. It is essential to prepare this form to assign a trusted individual the authority to act on your behalf when you may not be available. Also, certain situations may motivate you to get a power of attorney form.
A Louisiana power of attorney can be used when you are absent and unable to handle your business when traveling, when you relocate for a while, when you start aging if you have an ongoing medical condition or limited mobility, and when you are into a care facility.
Types of POA in Louisiana
You can use different types of Louisiana power of attorney forms depending on your needs and requirements as discussed below:
Durable (Financial) Power of Attorney
A durable (financial) power of attorney form is a document that allows the principal to choose a mandatory that will represent them and act on their behalf concerning business and financial decisions. This durable form means that the document will remain effective and valid even if the principal becomes incapacitated or mentally incompetent. You must choose someone you trust since this type of authority is unrestricted.
Louisiana State has specific laws and requirements that must be observed when creating this durable (financial) power of attorney.
- Ensure that the principal signs this document before a notary public or in the presence of two witnesses.
- For this form, Louisiana State refers to a power of attorney as “representation,” “procuration,” and “mandate.” According to the Civ. Code art. 2989, the representative is mandated to transact affair(s) and act on behalf of the principal.
- The form is durable if it adheres to the Civ. Code art 3024 allows the mandatory to retain the authority given even after the principal becomes disabled or incapacitated.
- This form must be signed by both the principal and the mandatory in front of two adult witnesses and a notary public.
- There is no statutory form for this Louisiana durable (financial) power of attorney.
Download: Microsoft Word (.docx)
General (Financial) Power of Attorney
A Louisiana general (financial) power of attorney is a form that enables a principal to select a curator and choose the powers that they wish to grant them. It can either be limited or all powers and is different from the durable form mentioned above. It becomes void once you become unable, incapacitated, or incompetent in making decisions. This protects the principal since the power of attorney can revoke itself if the principal is not in a position to revoke it.
With this power of attorney, your mandatory is responsible for making business and financial decisions.
- This may include dealing with your property and assets, accessing your accounts, paying expenses, buying, selling, making exchanges, making donations, creating trusts, and getting into legally binding contracts.
- The Louisiana State has laws that must be followed regarding this power of attorney form, including the Mandate (§§ 2989 — 3034) statutes, La. Civ. Code art. 2994 and La. Civ. Code art. 2993.
- The principal must sign the form and notarize or witness to ensure it is valid.
Download: Microsoft Word (.docx)
Limited Power of Attorney
A Louisiana limited power of attorney form is a type of authority where the principal selects a mandatory who will have specific powers to manage their affairs and make decisions on their behalf. This means that this power of attorney is used if the principal wishes to have a curator handle a specified transaction or deal with a limited circumstance. Also known as Louisiana’s extraordinary power of attorney, this legal document allows a principal to choose an agent to handle a specific task for them.
For example, you might request the mandatory purchase or sell land. However, with this power of attorney, the mandatory has no right to manage the land or make any other decisions concerning that land. That is because; this power of attorney limits the authority or power of the curator. The principal in this type of authority can be a group that needs the help of an agent with a particular task. Therefore, ensure that as you prepare this power of attorney, you can sign only against the power, you wish to transfer to your mandatory.
You can use this type of power of attorney for the following circumstances:
- When you need a bill paid
- When you require an agent at mediation, you cannot attend
- When you need an agent to access your records temporarily for a specific purpose
Ensure that you observe the following statutes when preparing this power of attorney for you to ensure its validity: Mandate (§§ 2989 — 3034) and La. Civ. Code art. 2999. According to (La. Civ. Code art. 2993), the principal must sign this form and have it notarized or witnessed.
Download: Microsoft Word (.docx)
Minor (Child) Power of Attorney
A Louisiana minor (child) power of attorney form is a document prepared by parent(s) or guardian(s) to give a trusted agent the authority to make medical and educational decisions for their children, especially when they are absent or not capable of making such decisions. Such situations may include parents being away from their children due to military deployment or hospitalization.
- This type of power of attorney is valid for one year.
- It should also observe the § 951, 952, 953, and 954 laws of Louisiana State.
Download: Microsoft Word (.docx)
Medical Power of Attorney
A Louisiana medical power of attorney is a document that allows you to choose a mandatory you trust, either a close friend or relative, to handle any medical or health care decisions on your behalf. This power of attorney is essential, especially if you are in a position where you cannot communicate and yet, you require medical decisions to be made. This may include when you as the principal are involved in an accident, have a terminal illness, or have scheduled surgery.
Also known as Louisiana healthcare power of attorney, this form allows you to consent on your behalf regarding medical procedures, accessing your health information, and making arrangements to make you comfortable when you are sick. The mandatory must act in good faith to actualize all your medical wishes according to the laws of Louisiana State, RS 28:223 statutes. After preparing this document, you must sign it before two witnesses and have it notarized to make it valid.
Download: Microsoft Word (.docx)
Real Estate Power of Attorney
A Louisiana real estate power of attorney is used when a principal wishes to appoint a mandatory, usually a real estate attorney or a real estate professional, to handle any real estate transactions. The document allows a principal to have an agent who will manage their real estate and handle all crucial dealings on behalf of the principal.
According to Louisiana State laws, the Mandate (§§ 2989 — 3034) statutes are responsible for this type of power of attorney and must be observed. In addition, this document must be signed by the principal and be notarized or witnessed for it to be valid, according to La. Civ. Code art. 2993.
Download: Microsoft Word (.docx)
Revocation of Power of Attorney
A Louisiana revocation of power of attorney form is prepared if the principal wishes to revoke their existing power of attorney. After filling out this form, copies must be given to all relevant parties and institutions such as family members, the agent (mandatory), and institutions with a copy of your power of attorney.
This is to ensure that all-important parties and institutions are aware that you, as the principal, have revoked your power of attorney. If you fail to distribute copies of this revocation power of attorney in Louisiana to the necessary parties and someone acts on your existing power of attorney, they are not liable since they were not aware of your revocation. Ensure that you sign this revocation power of attorney with two witnesses or before a notary public to make it valid.
Download: Microsoft Word (.docx)
Tax Power of Attorney (Form R-7006)
A Louisiana tax power of attorney (Form R-7006) is a form that enables a principal to choose a representative(s) to take care of their tax filings, obtain required information from the Louisiana Department of Revenue and perform tasks required on behalf of the principal. The mandatory and principal must sign this power of attorney to make it valid.
Download: Microsoft Word (.docx)
Vehicle Power of Attorney
A Louisiana motor vehicle power of attorney is a form prepared by a principal who would like their mandatory to help them register and get the title of their motor vehicle. The mandatory will be tasked with transferring the title, registering the vehicle, and performing other required steps on behalf of the principal at the Office of Motor Vehicles Louisiana. This document should be notarized for it to be valid.
Download: Microsoft Word (.docx)
Springing Power of Attorney
A Louisiana springing power of attorney is an authority that becomes effective once a particular event occurs. This form “springs” into action when required. Also, this power of attorney is usually set to end at a specified time.
Download: Microsoft Word (.docx)
Louisiana Power of Attorney Requirements
You should meet the requirements as a principal for preparing the Louisiana power of attorney document. This form must observe these requirements to be legally binding and valid in Louisiana State.
Here are the Louisiana POA requirements:
- The power of attorney form should include the principal’s name and the name of the mandatory.
- The document should also specify the powers or authority given to the mandatory, when the powers become effective and when the authority ends.
- The principal’s signature, the signature of two witnesses, and a notary public are required.
- If there is a need to alienate, acquire, encumber, or lease something, there should be specific instructions in the form for such purpose.
How to Get a Power of Attorney in Louisiana?
To get a power of attorney in Louisiana, a principal should give out their authority, a chosen agent alongside two backup agents, and the LouisianaPOA document. Then, you, as the principal, alongside your chosen mandatory or agent, should fill out and sign the form.
You can access this form online, download it, fill in the required information, sign it, notarize it to make it legal, and share it with your agent (mandatory). You can also choose to hire a lawyer for legal guidance, especially if you need to prepare a Louisiana power of attorney for an elderly parent, a spouse, a family member, or an incompetent individual.
Editable Forms
How to Revoke a POA in Louisiana?
As a principal, you may wish to revoke a power of attorney form in Louisiana. You can do this by filling out and signing a Louisiana revocation power of attorney form. You should authenticate and validate the revocation of your existing power of attorney by signing the revocation document in the presence of a notary public and two witnesses. Louisiana State also requires that the revocation form be filed in the Act of Revocation in the Conveyance Records to provide public notice of the revocation.
Frequently Asked Questions
You and your agent can hire a lawyer to get legal counsel concerning the Louisiana POA. A lawyer can also go through your document to ensure that it is well written and valid according to the laws of Louisiana State.
Depending on your location in Louisiana State, hiring a lawyer to help you get a power of attorney can range between 200 and 500 dollars.
After creating a Louisiana power of attorney, the form will need to be signed. Then copies are made to be shared with your mandatory and necessary institutions like financial and medical institutions.
A power of attorney in Louisiana may need to be notarized, witnessed, or recorded, depending on the form. In the case of witnesses, the individual(s) should be above 18 years old and should not be the agent or mandatory.
For example: For a minor (child) power of attorney, the form requires notarization and two witnesses during the signing process. For a real estate power of attorney, the signing must happen before the notary public and then filed with the county.
If you do not have a power of attorney form, you have not assigned someone to make decisions on your behalf when you cannot do it yourself, then a court proceeding known as an interdiction will be held. The judge will choose an individual who will act on your behalf and make essential decisions for you.
