The Louisiana Power of Attorney, or as it is referred to in the state’s law, a “mandate”, is a powerful document that authorizes an agent (mandatary) to act in the place of another. Based on the form utilized, principal parties can grant authorities to their attorney-in-fact related to their finances, medical treatment, and/or child’s care. Many folks across the country will execute this instrument as a preemptive measure to ensure that their estate and well-being are taken care of should they become incapable of handling these affairs themselves (due to being incapacitated/disabled). Although each type of POA will necessitate a similar execution, there may be slight differences in what the state requires to complete the varying forms (as far as the information needed and signing obligations).
Laws
Statutes – Louisiana Civil Code – Chapter 2. Mandate
Definition – “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.” (§ 2989)
Signing Requirements – Acknowledgment of Two (2) Witnesses or Notary Public Recommended.
By Type (11)
- Advance Directive (Medical POA & Living Will)
- Durable (Financial) Power of Attorney
- General (Financial) Power of Attorney
- Limited (Special) Power of Attorney
- Living Will
- Medical Power of Attorney
- Minor Child Power of Attorney
- Motor Vehicle Power of Attorney
- Real Estate Power of Attorney
- Revocation of Power of Attorney
- Tax Power of Attorney
Advance Directive (Medical POA & Living Will) – Provides individuals with the opportunity to declare their wishes for life-ending treatment as well as to appoint an agent to manage other healthcare decisions on their behalf.
Download: PDF
Signing Requirements: Acknowledgment of Two (2) Witnesses (§ 1151.2(A)(2))
Durable (Financial) Power of Attorney – Appoints an attorney-in-fact to carry out financial tasks in the principal’s name. The term “durable” refers to the document’s effectiveness remaining intact even if the principal becomes incapacitated.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgment of Two (2) Witnesses or Notary Public Recommended
General (Financial) Power of Attorney – A standard POA document that offers a list of broad financial authorities that cease to continue if the principal ever faces mental incapacity.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgment of Two (2) Witnesses or Notary Public Recommended
Limited (Special) Power of Attorney – Narrows down the scope of authority granted by providing the principal with the opportunity to write in their own powers.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgment of Two (2) Witnesses or Notary Public Recommended
Living Will – Records one’s desired instructions for end-of-life care.
Download: PDF
Signing Requirements: Acknowledgment of Two (2) Witnesses (§ 1151.2(A)(2))
Medical Power of Attorney – Accomplished for the purpose of assigning a healthcare representative to make medical decisions on the principal’s behalf should they be unable to do so in the future.
Download: PDF
Signing Requirements: Acknowledgment of Two (2) Witnesses Recommended
Minor Child Power of Attorney – The legal parent(s)/guardian(s) of a child may grant a temporary caretaker the authority to act in their place while they are away from the minor (to authorize any needed medical, dental, or educational actions).
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgment of Two (2) Witnesses & Notary Public
Motor Vehicle Power of Attorney – Utilized by people who wish to have an agent accomplish vehicle-related tasks in their name.
Download: PDF
Signing Requirements: Acknowledgment of Notary Public
Real Estate Power of Attorney – Offers a list of real property functions that can be delegated to a third (3rd) party so that they may execute transactions in the grantor’s name.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgment of Two (2) Witnesses or Notary Public Recommended
Revocation of Power of Attorney – A form exercised for the goal of ending an established POA relationship.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgment of Two (2) Witnesses or Notary Public Recommended
Tax Power of Attorney – Individuals that wish to have their tax matters handled by an accountant, tax attorney, or another type of agent may convey this authority by fulfilling the requirements of this document.
Download: PDF
Signing Requirements: Necessitates the signatures of the taxpayer and their representative.