Louisiana Power of Attorney
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Louisiana Legal Requirements
Key LA statutes and obligations that apply to your power of attorney.
Requirements
- Governed by Louisiana Civil Code arts. 2985–3034 (Mandate) — Louisiana uses the civil law concept of 'mandate' rather than the common law 'power of attorney,' though the practical function is the same
- Must be in writing and signed by the principal (mandant); notarization is required for a mandate that is to be recorded or used in real estate transactions
- A mandate to sell, acquire, or mortgage immovable property (real estate) must be executed before a notary and two witnesses in authentic act form
Restrictions & Limits
- A mandate terminates by operation of law upon the principal's death or interdiction (legal incapacity), unless it is expressly made durable ('procuration durable') under La. Civ. Code art. 3026
- The mandatary (agent) cannot make donations from the principal's property unless expressly authorized
- Healthcare decisions require a separate Louisiana Advance Directive (Medical POA) under La. R.S. §40:1159.1 et seq.
Official Statute References
Primary Louisiana statutes governing this document type.
Louisiana Power of Attorney FAQ
Common questions about power of attorneys under Louisiana law.
What is the difference between a mandate and a power of attorney in Louisiana?
Because Louisiana follows the civil law tradition, the legal instrument granting another person authority to act on your behalf is called a 'mandate' (mandant = principal, mandatary = agent). The concept is functionally identical to a power of attorney, but the governing rules come from the Louisiana Civil Code rather than a common law POA statute.
Does a Louisiana mandate need to be notarized?
For ordinary purposes, a written mandate signed by the principal is sufficient. However, if the mandate will be used for real estate transactions (buying, selling, mortgaging), it must be executed as an 'authentic act' — before a notary and two witnesses — to be recorded and effective against third parties under La. Civ. Code art. 1833.
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Power of Attorney by State
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Disclaimer: LegalLawDocs.com provides self-help legal documents for informational purposes only. The documents and information on this site do not constitute legal advice and are not a substitute for consultation with a licensed attorney. Laws vary by state and change frequently — review your document with a qualified professional before relying on it.