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Power of Attorney in Louisiana: Mandates, Procurations and How to Get One
Louisiana calls a power of attorney a mandate or a procuration, and its Civil Code sets few formalities of its own. Here is what the code requires, which powers need express wording, and when a notary matters.
By naveen · Updated · How we research our guides
What to know
- In Louisiana, a power of attorney is a mandate (a contract) or a procuration (a one-sided grant of authority) under Civil Code articles 2985 to 3032.
- A mandate "is not required to be in any particular form," but when the law prescribes a form for the act the agent will perform, the mandate must be in that form (CC 2993).
- It survives your parent's incapacity unless it says otherwise, and powers such as selling property, making gifts or making health care decisions must be granted expressly.
- Retirement Checklist turns your parent's situation into a short, ordered plan, so the power of attorney sits in the right place among everything else.
In Louisiana, a power of attorney is a mandate or procuration under Civil Code articles 2985 to 3032, and your parent gets one by signing it while able, in the form the law requires for the acts it authorizes. The articles sit under the title "REPRESENTATION AND MANDATE." The central rule on form is short: under Civil Code article 2993, "The contract of mandate is not required to be in any particular form. Nevertheless, when the law prescribes a certain form for an act, a mandate authorizing the act must be in that form." So what your parent's document needs depends on what the agent will be doing.
What is a mandate or procuration in Louisiana?
"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." A procuration is "a unilateral juridical act" that confers the same kind of authority, and it follows the rules of mandate where they fit. Your parent is the principal; the agent is the mandatary or representative. Louisiana's banking law uses all three names together: "power of attorney, procuration, or mandate."
A mandate is unpaid unless agreed otherwise: "It is gratuitous in the absence of contrary agreement." For why families set one up early, see our guide to power of attorney for an elderly parent.
What does Louisiana require for a power of attorney to be valid?
Louisiana requires no particular form for a mandate unless the act the agent will perform has one, in which case the mandate takes that form (CC 2993). The mandate articles don't set a witness or notary rule of their own:
| If the agent will... | The law requires that act to be | So the mandate must be |
|---|---|---|
| Perform an act for which the law prescribes no form | No particular form (CC 2993) | No particular form |
| Sell your parent's home or other immovable | Authentic act or act under private signature (CC 2440) | At least a signed writing |
| Make a gift (donation inter vivos) | Authentic act, "under the penalty of absolute nullity" (CC 1541) | An authentic act |
An authentic act is "a writing executed before a notary public or other officer authorized to perform that function, in the presence of two witnesses," signed by your parent, each witness and the notary (CC 1833). A signed document that your parent acknowledges before a notary and two witnesses "is regarded prima facie as the true and genuine act" of the person who signed it (CC 1836). The articles we read don't list who can't serve as a witness.
Which powers must be spelled out?
Powers to sell, buy, mortgage or lease property must be spelled out, along with the seven powers listed in CC 2997. Under CC 2996, "The authority to alienate, acquire, encumber, or lease a thing must be given expressly," though the property needn't be described. CC 2997 adds express authority to:
- make a donation, outright or to a trust;
- accept or renounce a succession (an inheritance);
- borrow, forgive a debt or become a surety;
- sign or endorse promissory notes and negotiable instruments;
- settle a dispute or refer it to arbitration;
- "Make health care decisions, such as surgery, medical expenses, nursing home residency, and medication";
- limit your parent's contact with close relatives or others they're close to.
That last power ties to a separate rule. Without express authority, an agent "shall not prevent or limit reasonable communication, visitation, or interaction" between your parent and another person without prior court approval (CC 2995). An agent also can't contract with themselves on your parent's behalf unless authorized. For the health care side, see our guide to Louisiana's medical power of attorney and living will.
Is there an official Louisiana power of attorney form?
Not in the Civil Code: its articles on mandate contain no fill-in form for a general power of attorney. The one statutory form we found is in the "Louisiana Military Power of Attorney Act," which says it doesn't limit "Any other form for a power of attorney authorized by Civil Code Articles 2985 through 3034." Because the document has to match the acts your parent wants to authorize, an attorney can help draft it.
When does it take effect, and when does it end?
Your parent can make it start on their disability, and it ends at either person's death, the agent's interdiction, a curator qualifying for your parent, or revocation. A "conditional procuration" is "a written document stating that the procuration becomes effective upon the disability of the principal" (R.S. 9:3890). The disability is established by an authentic act signed by two physicians who have examined your parent, or, if the document allows, by the attending physician and the agent.
It's durable by default: "In the absence of contrary agreement, neither the contract nor the authority of the mandatary is terminated by the principal's incapacity" (CC 3026). It ends on the death of your parent or the agent, the agent's interdiction, or the "Qualification of the curator after the interdiction of the principal" (CC 3024). An agent can resign, but if they believe your parent lacks capacity, the resignation takes effect only once they notify another agent, a named successor, or someone with a sufficient interest in your parent's welfare. The mandate articles we read don't mention divorce.
What does the agent have to do?
"The mandatary is bound to fulfill with prudence and diligence the mandate he has accepted," and is responsible for losses caused by failing to perform (CC 3001). On request, or when circumstances require, the agent must "provide information and render an account," and when the mandate ends, must account for their performance unless that duty was expressly waived (CC 3003, 3032). An agent who uses your parent's money for themselves owes interest on it.
Family members can ask a court to step in. Under R.S. 9:3851, a spouse, parent or descendant, a caregiver, or "Any other person with sufficient interest in the welfare of the principal" may petition a court to review the agent's acts. Our guide to protecting a parent from scams covers the warning signs any agent should know.
Do banks have to accept a Louisiana power of attorney?
No: R.S. 6:311.1 lets a bank rely on one, but as written it doesn't require a bank to accept it or set an acceptance deadline. Under that section, a federally insured financial institution shown an original or certified true copy of a sufficient power of attorney "may rely on the authority" as in full force until an officer receives written notice that it was revoked, modified or terminated. The bank isn't liable for the agent's transactions before that notice and a reasonable chance to act on it.
The person dealing with the agent is protected too: "The principal is bound to perform the contract that the mandatary, acting within the limits of his authority, makes with a third person."
What about real estate?
Selling or mortgaging property needs express authority, and a sale of an immovable must be made by authentic act or act under private signature, so the mandate must be in at least that form. An instrument transferring an immovable has no effect against third persons until it's recorded in the parish conveyance or mortgage records, and the recorder must refuse an instrument "that does not bear the original signature of a party."
Once a mandate is recorded, "a revocation or modification of a recorded mandate is ineffective as to the persons entitled to rely upon the public records" until the revocation is filed too (CC 3027). An action to set aside a recorded document because the agent lacked authority, or the power of attorney wasn't valid, prescribes five years after recording (R.S. 9:5647); that limit doesn't cover claims between your parent and the agent.
How do you get a power of attorney for an elderly parent in Louisiana?
Your parent signs a mandate that grants each power the agent needs, in the form those acts require. The steps:
- Talk with your parent about who they'd want acting for them, and who should succeed them.
- List what the agent will need to do, such as banking, selling the home, or health care decisions.
- Have the document drafted so each of those powers is granted expressly, in the form the underlying acts require.
- Your parent signs, before a notary and two witnesses if the document is an authentic act.
- Give the agent a copy and keep the original somewhere safe.
Timing is the constraint: your parent has to be able to sign. If that moment has passed, Louisiana's court process is interdiction, which a court may order only when your parent's "interests cannot be protected by less restrictive means" (CC 389); see conservatorship and guardianship. Because the form depends on the acts involved, it helps to know what an elder law attorney does.
How do you revoke a power of attorney in Louisiana?
"The principal may terminate the mandate and the authority of the mandatary at any time" (CC 3025), unless it was made irrevocable in a mandate that also serves the agent's or a third person's interest. The articles we read don't prescribe a form of revocation.
Notice is what makes it work. Your parent "must notify third persons with whom the mandatary was authorized to contract of the revocation," or stays bound by what the agent undertakes (CC 3028). For a bank, that means written notice to an officer; for a recorded mandate, filing the revocation in the parish records.
How much does a power of attorney cost in Louisiana?
Louisiana law doesn't cap what a notary charges, so the cost depends on the notary and any attorney your parent uses. According to the Louisiana Secretary of State, "Louisiana does not have a statutory fee schedule which would determine or limit what a notary can charge for his services." Ask for the price before the appointment.
Frequently asked questions
Does a power of attorney need to be notarized in Louisiana?
It depends on what the agent will do. Under Civil Code article 2993, a mandate needs no particular form, but it must match the form the law requires for the act it authorizes. A donation must be made by authentic act, before a notary and two witnesses, so a mandate to make gifts must be too. A home sale needs at least a signed writing.
Is a Louisiana power of attorney durable?
Yes, by default. Under Civil Code article 3026, unless the document says otherwise, neither the mandate nor the agent's authority ends because of your parent's incapacity. It does end at your parent's death, and when a curator qualifies after a court interdicts your parent (CC 3024).
Can a Louisiana power of attorney make medical decisions?
Only if it says so. Civil Code article 2997 requires express authority to make health care decisions, such as surgery, nursing home residency and medication. Louisiana's consent law then ranks an agent acting under such a mandate ahead of a spouse or adult children. Our guide to Louisiana's medical power of attorney and living will explains the rest.
What is a conditional procuration in Louisiana?
It's a power of attorney that starts only when your parent becomes disabled. Under R.S. 9:3890, the disability is established by an authentic act signed by two physicians who have examined your parent, or, if the document provides, by the attending physician and the agent. After that, it works like any other procuration.
What if my elderly parent can no longer make the decision?
A mandate needs your parent's own decision while they can still make it. If that has passed, the court route is interdiction: a court can appoint a curator for a person who can't consistently make or communicate reasoned decisions, but only when less restrictive means can't protect their interests.
Do I need to tell the bank if my parent revokes it?
Yes. Under R.S. 6:311.1, a federally insured bank may rely on a power of attorney until an officer receives written notice of the revocation and has a reasonable opportunity to act on it. The Civil Code also requires your parent to notify third persons the agent dealt with, or stay bound.
Getting started
A power of attorney is time-sensitive, because it needs your parent's signature while they can still give it, and in Louisiana the document has to match the acts it authorizes. The plan this site builds asks four questions, including which state your parents live in, and puts the handful of steps that matter most for your family in order. It's free and takes about 90 seconds.
Related guides
Sources
- Louisiana Civil Code, Title XV, Representation and Mandate: form (art. 2993), express authority (arts. 2996, 2997), the agent's duties (arts. 3001, 3003, 3032) and termination and revocation (arts. 3024 to 3028); published by the Louisiana State Legislature.
- Louisiana Civil Code art. 1833, Authentic act: what a notary and two witnesses add.
- Louisiana Civil Code art. 1541, Form required for donations: gifts by authentic act.
- La. R.S. 9:3890, Conditional procuration: a power of attorney that starts on disability.
- La. R.S. 9:3851, Action to review the acts of a mandatary: who can ask a court to review an agent.
- La. R.S. 6:311.1, Powers of attorney and financial institutions: bank reliance and written notice of revocation.
- Louisiana Secretary of State, Notary FAQ: notary fees.
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