How to Get a Durable Power of Attorney in Louisiana
A durable power of attorney allows you—the principal—to authorize another person to act for you. Louisiana law commonly calls this relationship a mandate and the authorized person a mandatary. The document can be broad or limited, depending on the authority granted.
The best time to prepare one is while you can carefully choose an agent and communicate your expectations. Once a person loses the legal capacity needed to execute the document, the family may have to explore a court-supervised alternative.
Step 1: Decide what the document should cover
A financial power of attorney may address banking, bills, contracts, insurance, taxes, real estate, vehicles, businesses, government benefits, and digital or personal property. Louisiana law requires express authority for certain significant acts, so a short generic form may not include every power your agent could need.
Step 2: Choose a trustworthy agent
Your agent may have access to sensitive information and valuable property. Choose someone reliable, organized, willing to serve, and able to separate your interests from their own. Consider naming an alternate in case your first choice is unavailable.
Step 3: Choose when the authority begins
Some documents become effective immediately. Others are designed to operate only after a stated event or determination. Immediate authority can be practical, but it should be granted only to someone you trust completely. Discuss timing with the document professional and obtain legal advice if you need a customized trigger.
Step 4: Use a Louisiana-specific document
Louisiana’s law and terminology differ from those of other states. A professionally drafted document can include commonly needed powers and proper execution language. If your agent may handle real estate, make gifts, change beneficiary-related arrangements, operate a business, or engage in other consequential transactions, attorney review may be appropriate.
Step 5: Sign and distribute it correctly
Bring valid photo identification and follow the notary’s signing instructions. After execution, provide copies to the agent and relevant institutions as appropriate. Keep the original secure but accessible, and tell a trusted person where it is stored.
A power of attorney does not continue after the principal’s death. Louisiana Civil Code Article 3024 provides that a mandate and the agent’s authority terminate at death. The executor or succession representative then handles estate matters.
NEXT STEP Perkins Road Notary offers professionally drafted Louisiana general durable powers of attorney and can often prepare the document while you wait. Visit our Baton Rouge office or call (225) 341-3828 with questions about what to bring.
This article provides general information about Louisiana documents and is not legal advice. Laws and individual circumstances vary. A notary cannot give legal advice. Consult a Louisiana attorney about your specific situation