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 POA 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 POA to remain effective even after becoming incapacitated or incompetent, you should prepare a Louisiana durable POA.
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In case you are incapacitated or mentally incompetent before you get a chance to execute your POA 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.
Editable Forms
Who Can Have a Louisiana POA?
Anyone above 18 years old in Louisiana can get a POA. 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 the form.
A Louisiana POA 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 POA forms in Louisiana depending on your needs and requirements as discussed below:
Durable (Financial) Power of Attorney Form
Download: Microsoft Word (.docx)
General (Financial) Power of Attorney Form
Download: Microsoft Word (.docx)
Limited Power of Attorney Form
Download: Microsoft Word (.docx)
Minor (Child) Power of Attorney Form
Download: Microsoft Word (.docx)
Medical Power of Attorney Form
Download: Microsoft Word (.docx)
Real Estate Power of Attorney Form
Download: Microsoft Word (.docx)
Revocation of Power of Attorney Form
Download: Microsoft Word (.docx)
Tax Power of Attorney Form
Download: Microsoft Word (.docx)
Vehicle Power of Attorney Form
Download: Microsoft Word (.docx)
Springing Power of Attorney Form
Download: Microsoft Word (.docx)
Louisiana Power of Attorney Requirements
You should meet the requirements as a principal for preparing the POA document. This form must observe these requirements to be legally binding and valid in Louisiana State.
Here are the Louisiana POA requirements:
- The 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 POA 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 POA for an elderly parent, a spouse, a family member, or an incompetent individual.
How to Revoke a POA in Louisiana?
As a principal, you may wish to revoke a POA 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 POA 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 POA can range between 200 and 500 dollars.
After creating a Louisiana POA, 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 POA 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) POA, the form requires notarization and two witnesses during the signing process. For a real estate POA, the signing must happen before the notary public and then filed with the county.
If you do not have a POA 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.
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