7 Answers About Getting a Louisiana Power of Attorney

Perkins Road Notary · Updated October 8, 2026
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What is a power of attorney in Louisiana?

A power of attorney lets someone you choose act for you within the authority you grant. Louisiana law calls this arrangement a mandate. The person granting authority is the principal; the person acting is the agent, or mandatary. Louisiana Civil Code article 2989 defines the relationship.

Planning ahead can help when you cannot be present or cannot handle your affairs. The document should match the decisions you want your agent to make. Here are seven common questions.

1. What is a Louisiana general durable power of attorney?

It can authorize an agent to handle financial and personal business, such as paying bills or dealing with accounts. The actual powers depend on the document. A general grant does not automatically authorize every transaction: buying, selling, mortgaging or leasing property requires express authority under article 2996.

Louisiana law generally allows a mandate to continue despite the principal’s incapacity unless the agreement says otherwise. See article 3026. Check both when the authority begins and when it ends.

2. What is a Louisiana healthcare power of attorney?

It names someone to make healthcare decisions within the authority you give. Healthcare authority must be express under article 2997. The document can address decisions about surgery, medication and nursing-home residency, and specify when the agent may act.

3. Do I need both financial and healthcare authority?

Many adults benefit from planning for both. Financial authority does not automatically include healthcare decisions. The powers may appear in separate documents or in a properly drafted combined mandate. Choose the arrangement that fits your needs and the institutions that will use it.

4. Who can be my agent?

A competent adult who understands your wishes and is willing to accept the responsibility is usually the practical choice. Your agent may need to work with banks, healthcare providers and family members. Discuss the role before naming someone.

5. Whom should I choose?

Choose a trustworthy spouse, adult child, relative or friend who can keep records and act when needed. Proximity can help, but reliability and judgment matter most. Consider a successor if your first choice cannot serve. Your agent’s authorized actions can bind you, so the choice deserves care.

6. Can I arrange a power of attorney for a parent or spouse?

You can help arrange preparation, but the person granting authority must choose to do so and have the legal capacity to consent. You cannot sign a new mandate for someone simply because you are their child or spouse. If capacity is uncertain, seek an attorney’s assessment before signing. A diagnosis alone does not answer the capacity question.

Bring a current photo ID, the proposed agent’s full name and contact information, and any existing mandate or institution-specific requirements. Call ahead to discuss preparation and signing arrangements.

7. Is a power of attorney the same as a will?

No. A mandate generally ends when the principal dies under article 3024. It does not replace a will or appoint a succession representative. A will addresses the distribution of your estate after death. Funeral and cremation instructions should be addressed separately rather than relying only on a financial mandate.

Get a power of attorney prepared in Baton Rouge

Perkins Road Notary is at 6161 Perkins Road, Suite 1C, Baton Rouge. We open at 8 a.m. weekdays and stay open through lunch. Call (225) 341-3828 to discuss your document and visit requirements, or see our power-of-attorney and estate-planning services.

For attorney advice on your estate plan or succession, contact our sister company, Field Law.

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