Louisiana Power of Attorney Form Create Louisiana Power of Attorney Form

Louisiana Power of Attorney Form

Updated Mar 04, 2026 2 Downloads

A Louisiana Lease Agreement is a legal contract used to document the rental arrangement between a landlord and tenant, specifying the terms, duties, and conditions for leasing property within the stat...

Create Louisiana Power of Attorney Form

Poa Type

Choose the primary purpose for this Power of Attorney. Each type grants different powers to your agent.

Louisiana Power of Attorney Form Preview
View Document
Create
Download PDF

Table of Contents

0% Complete 0/0 Fields

LOUISIANA POWER OF ATTORNEY FORM

LOUISIANA GENERAL DURABLE POWER OF ATTORNEY (MANDATE)

BE IT KNOWN, that on this , before me, the undersigned Notary Public, and in the presence of the undersigned competent witnesses, personally came and appeared:

I. THE PRINCIPAL

Name:
Address:
City: State: Louisiana Zip:
(hereinafter referred to as the "Principal")

WHO DECLARES, that the Principal hereby appoints, constitutes, and mandates the following person as the Principal's true and lawful Agent and Mandatary:

II. THE AGENT (MANDATARY)

Name:
Address:
City: State: Zip:
Phone:
(hereinafter referred to as the "Agent")

III. GRANT OF AUTHORITY

The Principal grants the Agent full power and authority to act on the Principal's behalf. This Power of Attorney is intended to constitute a Mandate pursuant to Louisiana Civil Code Article 2989 et seq.

The Agent shall have the power to act for the Principal in the following matters (Check all that apply):

IV. DURABILITY PROVISION

Pursuant to Louisiana Civil Code Article 3027, this Power of Attorney (Mandate) SHALL NOT be terminated by the subsequent disability, incapacity, or interdiction of the Principal. It is the Principal's intent that the authority conferred herein shall continue in full force and effect notwithstanding any such disability or incapacity.

V. SPECIAL INSTRUCTIONS AND LIMITATIONS

The Agent shall exercise the powers granted herein subject to the following special instructions or limitations (if none, leave blank):

VI. SUCCESSOR AGENT

VII. THIRD PARTY RELIANCE

Any third party who receives a copy of this document may rely on it. Revocation of this Power of Attorney is not effective as to a third party until the third party has actual knowledge of the revocation. The Principal agrees to indemnify the third party for any claims that arise against the third party because of reliance on this Power of Attorney.

VIII. ACCOUNTING AND LIABILITY

The Agent shall keep a record of all receipts, disbursements, and transactions made on behalf of the Principal. The Agent shall not be liable for any loss or depreciation in the value of the Principal's property unless caused by the Agent's bad faith, fraud, or gross negligence.

IX. GOVERNING LAW

This Power of Attorney shall be governed by, construed, and enforced in accordance with the laws of the State of Louisiana.

X. SIGNATURES AND ACKNOWLEDGMENT

THUS DONE AND PASSED in , Louisiana, on the day, month, and year herein first above written, in the presence of the undersigned competent witnesses, who hereunto sign their names with the Principal and me, Notary, after reading of the whole.

PRINCIPAL'S SIGNATURE

Signature: _________________________
Date:
Print Name: _______________

WITNESSES

The foregoing instrument was signed by the Principal in our presence. We, the undersigned witnesses, are of the age of majority and are not related to the Principal or the Agent by blood or marriage.

Witness 1:
Signature: _________________________
Date:
Print Name:

Witness 2:
Signature: _________________________
Date:
Print Name:

What is a Louisiana Power of Attorney Form?

A Louisiana Power of Attorney Form, legally referred to under state civil law as a contract of mandate, is a document that authorizes one individual to act on behalf of another in legal, financial, or medical matters. The person granting the authority is known as the principal, while the individual receiving the authority is termed the agent or mandatary. This legal tool is utilized to ensure the continuity of personal and business affairs during periods of incapacitation or for convenience when the principal cannot be physically present to execute necessary transactions.

The Concept of Mandate in Louisiana Civil Law

Unlike the other 49 states that follow common law traditions, Louisiana law is primarily based on the Civil Code. Consequently, what is commonly recognized as a power of attorney is governed by the laws regarding "mandate." A mandate is a contract by which a person, the principal, confers authority on another person, the mandatary, to transact one or more affairs for the principal. While the term power of attorney is frequently used to describe the physical document, the underlying legal relationship is strictly defined by the Louisiana Civil Code. The mandate can be gratuitous or onerous, meaning the agent may act for free or for compensation.

Legal Requirements and Validity

The validity of a mandate is governed by the Louisiana Civil Code, specifically Articles 2989 through 3034. For a Louisiana Power of Attorney Form to be legally binding, particularly for transactions involving immovable property (real estate) or donations, it generally must be executed as an authentic act. An authentic act is a document signed by the principal, a notary public, and two witnesses. While some limited powers may be granted via a simple written document, financial institutions and title companies typically require the notarized authentic act format to prevent liability and ensure the identity of the signer.

Express Authority vs. General Authority

Louisiana law distinguishes between general authority and express authority. A general mandate confers power to transact all affairs of the principal, but this power is limited to acts of administration, such as paying bills or maintaining property. To perform acts of alienation or ownership transfer, the mandate must grant express authority. Actions requiring express authority include selling or buying real estate, making donations, accepting or renouncing a succession, and contracting loans. If the document does not explicitly state the agent has the power to sell a home, a general administration clause is insufficient for that specific transaction.

Required Elements of a Valid Louisiana Mandate

To ensure a mandate is enforceable and accepted by third parties, it should contain specific components aligning with state statutes.

  • Identification of Parties: The full legal names and physical addresses of both the principal and the mandatary.
  • Specific Grant of Authority: Detailed language outlining exactly what actions the agent is permitted to take, particularly regarding the sale of assets or healthcare decisions.
  • Durability Clause: A clear statement indicating that the authority of the mandatary shall not be terminated by the subsequent disability or incapacity of the principal.
  • Signature and Notarization: The principal must sign the document in the presence of a notary public and two competent witnesses to create an authentic act.
  • Date and Location: The document should reflect the date of execution and the parish where the signing occurred.

Revocation and Termination

A mandate does not last indefinitely unless specified. It terminates upon the death of the principal, the interdiction of the mandatary, or the qualification of a curator after the interdiction of the principal. The principal retains the right to revoke the mandate at any time, provided they have the mental capacity to do so. Revocation is typically executed through a written document delivered to the mandatary and any third parties who were relying on the original Louisiana Power of Attorney Form, such as banks or healthcare providers.

Frequently Asked Questions

Yes, for the document to be fully effective, especially for real estate transactions or banking, it should be executed as an authentic act. This requires the signature of the principal, two witnesses, and a notary public.
A durable power of attorney remains valid even if the principal becomes mentally incapacitated or disabled. A non-durable mandate terminates the moment the principal loses the capacity to make decisions.
No, marriage does not automatically grant a spouse the legal right to manage the other spouse's separate property or make certain legal decisions. A written mandate is required to grant this authority formally.
A springing power of attorney is a conditional mandate that only becomes effective upon the occurrence of a specific event. Typically, this event is the certified incapacity of the principal as determined by a physician.
Yes, the authority granted to an agent terminates immediately upon the death of the principal. At that point, the executor or administrator of the estate takes over the management of the deceased's affairs.
Generally, an agent cannot self-deal or transfer the principal's property to themselves unless the mandate explicitly grants the authority to make donations to the mandatary. Without this express authority, such actions are usually voidable.

Not the form you're looking for?

Try our legal document generator to create a custom document

Ask about a Louisiana Power of Attorney Form

Disclaimer: The templates available on this website are provided for general informational purposes only and do not constitute legal advice. They are not intended to be, and should not be interpreted as, compliant with any specific legal, regulatory, or privacy requirements. These templates are not a replacement for professional legal guidance and should not be relied upon for any particular matter or circumstance. Users are strongly encouraged to seek advice from a qualified attorney licensed in their jurisdiction before using, modifying, or relying on any template.

All templates are provided on an "as is," "with all faults," and "as available" basis. The provider disclaims any and all warranties of any kind, whether express, implied, statutory, or otherwise, including without limitation warranties of merchantability, fitness for a particular purpose, title, or non-infringement.

LegalTemplates.com makes no guarantees or representations regarding the accuracy, completeness, expected outcomes, or reliability of the materials contained in these templates or any materials referenced or linked from them.

We Value Your Privacy

We use cookies to enhance your browsing experience, analyze site traffic, and personalize content. We do not sell your personal data. By clicking "Accept All," you consent to our use of cookies. For more information, please read our Privacy Policy.