Free Louisiana Durable Power of Attorney Forms

Louisiana Durable Power of Attorney Laws

• Louisiana State Legislator Civil Code - It is the primary law that covers all mandates in Louisiana. A mandate is a contract between a principal and the mandatary, generally known as the agent, who makes decisions on behalf of the principal. It states, “The principal confers authority to the mandatory to transact one or more affairs for the principal” (LA Civ Code 2989).
• Incapacity of the Principal - “The contract or the authority isn’t terminated by the principal’s incapacity, disability, or other conditions unless there was a previous agreement” (LA Civ Code 3026).

Signing Requirements in Louisiana

There is no statutory requirement in Louisiana, meaning a durable POA is considered valid even without the signature of witnesses or notary public, which are often requirements in some states.

How to Write a Durable POA in Louisiana

In Louisiana, the parties in a durable POA are called the principal and the mandatary. The contract is officially called a mandate. Here are the steps in writing a durable mandate in the state:

1. Select a person you trust as a mandatary

A durable POA is important because it prevents businesses and other legal processes from stalling even when the principal has become incompetent. A principal needs to appoint someone they trust as the mandatary or agent who will then make decisions on behalf of the incapacitated principal. It could be financial, business, and other legal matters.

The only limitation is on healthcare matters, as that would require another type of mandate. Most principals choose a family member to become the mandatary because they are usually the most trustworthy people in their lives. However, others prefer someone more familiar with the business, like a partner or lawyer.

2. Discuss the powers of the mandatary

While a durable POA already indicates that the authority remains intact even after the principal becomes legally incompetent, the power of the mandate will still depend on what the principal wants. It is essential that the principal and the mandatary discuss the power of the mandate. It can be as general or as specific as the principal wants it to be, but specific is always better.

3. Download a Durable Power of Attorney form

For your convenience, you can download a Louisiana durable POA template. It contains the major content you need in a durable POA in Louisiana. It is important that you find a printable form that is made for the state since requirements can differ from one place to another.

4. Fill out and sign the document

Fill out the template to specify the things that apply to your situation. It’s better to specify the power and authority and not leave anything to interpretation to ensure that what you want and need will be followed even after incapacity. Sign the Louisiana durable POA, which serves as permission for the mandatary or agent to make decisions. In Louisiana, the signing of the POA doesn’t need witnesses or a notary public, but you can still have the document notarized if you wish.

5. Use the Louisiana Durable POA

When important matters need attention by the mandatary or agent, a clean copy of the Louisiana Durable POA must be presented to the people concerned. The original version must be presented and not a photocopy. If there are documents that need signatures, the mandatory must sign on the dotted line by writing down the principal’s name followed by the word “by” and the agent’s signature.

The signature should also have the phrase “acting as attorney-in-fact.” The mandatary or agent must bring the original version of the POA at all times, especially when he or she acts on behalf of the principal.