Power of Attorney in Louisiana

A power of attorney lets someone you trust handle your financial and legal affairs when you cannot. Without one, your family may need a court’s permission just to pay your bills or manage your property.

Louisiana calls this document a mandate or procuration, and its rules come from the Civil Code rather than the uniform laws used in most states. Small drafting choices determine what your agent can and cannot do.

A Louisiana estate planning attorney at Richard J. Tomeny Jr. Attorney at Law can prepare a mandate that gives your agent the authority your family will actually need.

How a Mandate Works in Louisiana

A mandate is a contract in which you, the principal, give another person, called the mandatary or agent, authority to act for you. You can grant broad authority over all your affairs or limit it to a single task, such as selling one property.

Form Requirements

Under Louisiana Civil Code article 2993, a mandate generally needs no particular form. But when the law requires a certain form for an act, the mandate authorizing that act must use the same form.

For example, selling or mortgaging real estate requires an authentic act or a properly witnessed and acknowledged document. That is why most financial mandates are signed before a notary and two witnesses.

Powers That Must Be Stated Expressly

Civil Code article 2997 lists powers your agent has only if the mandate grants them in so many words. These include:

• Making donations, including gifts into a trust
• Accepting or renouncing a succession
• Borrowing money, forgiving a debt, or acting as a surety
• Signing or endorsing promissory notes
• Settling a dispute or agreeing to arbitration
• Making healthcare decisions

A generic form may leave out these powers. Your agent could then be unable to handle the tasks your family needs most.

Durable, Non-Durable, and Springing Powers

In many states, a power of attorney ends when you become incapacitated unless it says it is “durable.” Louisiana works the other way around.

Durable by Default

Under Civil Code article 3026, a mandate is not terminated by your incapacity or disability unless the document says otherwise.

Limited or Non-Durable Mandates

You can choose to have a mandate end if you become incapacitated, or limit it to one transaction or a set period.

Springing Mandates

A springing mandate takes effect only when a stated event happens, usually your incapacity. Louisiana has no separate statute for springing powers, so the triggering event must be defined clearly, often by a physician’s written statement.

Banks and title companies sometimes hesitate to rely on a springing mandate.

Your Agent’s Responsibilities

Accepting a mandate is a serious commitment. Your agent must act carefully, honestly, and only in your interest.

In general, a Louisiana agent should:

• Act with prudence and diligence within the authority the mandate grants
• Keep your money separate from their own
• Keep records and account for every transaction
• Avoid using your property for their own benefit unless you allowed it
• Stay in touch with you about important decisions when possible

Louisiana also protects your relationships. Under Civil Code article 2995, an agent cannot limit your reasonable contact or visits with other people without court approval unless your mandate expressly allows it.

Choosing the Right Agent

Pick someone you trust who is organized and lives close enough to act quickly. Naming a backup agent avoids problems if your first choice cannot serve.

Families caring for an aging parent often pair a mandate with long-term care planning. A Louisiana elder care lawyer or a Louisiana Medicaid lawyer can help make sure the agent has the powers needed for benefits applications.

For medical decisions, see our guide to healthcare directives in Louisiana.

When a Mandate Ends

Under Civil Code article 3025, you can revoke your mandate at any time while you have capacity. You should notify your agent and any bank or business that relied on the old document in writing.

Under Civil Code article 3024, a mandate also ends automatically when you or your agent dies, when your agent is interdicted, or when a court-appointed curator qualifies after your own interdiction. Because a mandate ends at death, your agent cannot settle your estate, which is the job of your succession representative.

What Happens Without a Mandate

If you lose capacity with no mandate in place, your family may have to file for an interdiction. A judge then appoints a curator to manage your affairs, a process that takes time, costs money, and becomes part of the court record.

A properly drafted mandate usually avoids that process entirely. It is one of the most affordable and important documents in any plan, alongside a last will and testament.

Get Help With Your Louisiana Mandate

Attorney Richard J. Tomeny Jr. has practiced law in Louisiana for more than 48 years, including years as a bank general counsel. He drafts mandates written to meet the requirements banks, title companies, and healthcare providers look for.

A Louisiana trust lawyer at our firm can also coordinate your mandate with any trust you create. Contact our office in Baton Rouge at (225) 334-8080 or in Metairie at (504) 535-7350 to schedule a free consultation.

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