Power Of Attorney (POA)

In Louisiana, a Power of Attorney (POA), called a mandate, is a legal document. It lets one person (the principal or mandator) name another (the agent or mandatary) to act for them. This can be in financial, legal, or personal matters. Authority can be broad, meaning it covers a general mandate. You can also limit it to specific tasks, which people refer to as a special mandate.

In Louisiana, a Power of Attorney (POA) is referred to as a mandate. It can change based on the authority given to the agent, or mandatary, and the specific situation. Here are the main types: 

1. General vs. Special POA

   • General Mandate (General POA) 

     • Grants broad authority over financial, legal, and personal matters. 

     • The agent can handle nearly all affairs, except when restricted by law or the document. 

   • Special Mandate (Limited or Specific POA) 

     • Grants authority for specific tasks (e.g., selling a property, signing a contract). 

     • The agent has only the powers expressly listed in the document. 

2. Durable vs. Non-Durable POA

   • Durable Mandate (Durable POA) 

     • Remains valid even if the principal becomes incapacitated. 

     • Must include specific language stating that it remains in effect despite incapacity. 

   • Non-Durable Mandate (Non-Durable POA) 

     • Automatically ends if the principal becomes incapacitated. 

     • Typically used for temporary or one-time transactions. 

3. Springing POA 

   • Springing Mandate (Conditional POA) 

     • It only takes effect when a specific event occurs, such as the principal being unable to act. 

     • Requires clear language defining when and how it takes effect. 

4. Medical POA (Healthcare Mandate) 

   • Healthcare Power of Attorney (Healthcare Mandate)

     • Permits the agent to make medical and healthcare choices for the principal. For more information, see Healthcare Power of Attorney (HCPOA).  

     • Often used alongside a living will (advance directive). For more information, see Living Wills. 

5. Financial POA 

   • A type of general or special POA focused on financial and business matters. 

   • Allows the agent to manage bank accounts, pay bills, file taxes, handle investments, etc. 

6. Real Estate POA 

   • A buyer, seller, or property manager can use a special mandate to buy, sell, or manage property in Louisiana. 

   • You must notarize it and may need to complete additional formalities. 

7. Military POA 

   • Active-duty service members use this to let someone they trust take care of their affairs while they are deployed. 

   • Follows standard POA rules, but may have additional special military provisions.

A Power of Attorney (POA) is also known as a mandate in Louisiana. A guardianship or conservatorship is called interdiction. These two legal tools have different roles in managing a person's affairs.

Key Takeaways: 

• A POA is voluntary, while interdiction requires a court order. 

• A durable POA is a strong alternative to interdiction. It lets someone take over if the principal can't make decisions. Plus, this happens without needing to go to court. 

• Authorities use interdiction as a last resort. This happens when someone can’t make decisions and hasn’t set up a POA beforehand.

For more information, see A Guide to Interdiction.

A Power of Attorney (POA) can be used to make medical decisions, but it must be specifically designed for that purpose. This type of POA is called a Healthcare Power of Attorney (HCPOA) (Healthcare Mandate). The HCPOA allows the agent to make healthcare decisions on behalf of the principal if they become unable to do so. It can include decisions about treatment options, surgery, medications, long-term care, and end-of-life care. For more information, see Healthcare Power of Attorney (HCPOA). 

A Power of Attorney (POA), also known as a mandate, can be general or limited. This depends on how much authority the agent receives.

A durable power of attorney (durable mandate) in Louisiana is a legal document. It allows an agent to act for the principal, even if the principal becomes incapacitated due to illness, injury, or disability. A standard POA ends when the principal becomes incapacitated. But a durable POA remains valid until the principal revokes it or dies. 

How Does a Durable POA Work in Louisiana? 

1. Durability Language - Louisiana law requires specific wording in the POA. It must state the authority continues despite the principal’s incapacity. 

2. Types of Durable POA 

   • Durable Financial POA - This lets the agent manage bank accounts, pay bills, handle real estate, and run business affairs. 

   • Durable Medical POA - Grants authority to make medical decisions if the principal is unable to do so.

3. When it Takes Effect 

   • Immediately upon signing unless stated otherwise 

   • Springing Durable POA - Becomes effective only if the principal becomes incapacitated, as determined by a doctor. 

4. Legal Requirements 

   • Must be in writing, signed by the principal, and often notarized. 

Louisiana does not accept "springing" Powers of Attorney (POAs) the way other states do. These POAs only begin when the principal is incapacitated. In Louisiana, a mandate (POA) starts immediately unless the document says differently. There is no automatic event like incapacity that triggers it.

However, the principal can add language to limit how and when the agent can act. For example, they can restrict powers until a certain event happens. In Louisiana, a POA can't be truly "springing." However, you can add specific instructions to guide the agent’s actions.

In Louisiana, a Power of Attorney (POA) is used for real estate transactions. It must be in writing and notarized. Additionally, it needs to be signed in front of two witnesses. The POA must clearly state that the agent can buy, sell, lease, or manage property. Record the POA with the Clerk of Court in the parish where the property is. This is required if the POA is for selling or mortgaging real estate.

Common Uses for a Real Estate POA: 

• Buying or selling property - An agent can sign key documents for buying or selling property. This includes purchase agreements, closing documents, and deeds for the principal. 

• Leasing or managing rental property - The agent can collect rent, negotiate lease agreements, and handle maintenance. 

• Refinancing or Mortgaging property - With proper authorization, an agent can sign mortgage documents. 

• Handling Property for an Absent Owner - Useful if the principal is out of state or unable to attend a closing.

A Power of Attorney (POA) does not grant an agent the authority to manage Social Security benefits on behalf of the principal. The Social Security Administration (SSA) does not accept POAs, even if they are valid in Louisiana. Instead, the SSA requires a separate process.

1. Representative Payee Program – If a person needs help with Social Security payments, they should choose a Representative Payee. The SSA does not allow the use of a POA. 

   • The Representative Payee gets and handles Social Security benefits for the beneficiary. 

   • The Payee must use the funds for the beneficiary’s needs and must report to the SSA on how they spend the money. 

   • To apply, the agent must complete Form SSA-11 and undergo an SSA review.

   • For more information, see SSA FAQs for Representative Payees. 

2. Direct Deposit to a Joint Account – If the beneficiary can, they may set up direct deposit of their Social Security payments into a joint account with the agent. This allows the agent to assist in managing the funds. 

3. Durable Financial POA for Other Government Benefits – A POA can’t manage Social Security but it can help with other benefits, like: 

   • Veterans Affairs (VA) benefits (if accepted by the VA).

   • Medicaid applications and eligibility.

   • Supplemental Security Income (SSI) for non-SSA decisions.

To create a valid POA in Louisiana, the principal must:

• Be at least 18 years old.

• Be mentally competent.

• Sign the document in front of a notary public.

Depending on the situation, two witnesses might also be necessary. You must include specific language for legality. For example, real estate transactions require witnesses. Certain powers, like selling property or making gifts, need explicit authorization. To stay valid after incapacity, the POA must be durable.

In Louisiana, you must usually notarize a Power of Attorney (POA), also known as a mandate, for it to be valid.

Notarization Requirements:

• Notarization helps ensure that banks, financial institutions, and government agencies recognize the POA.

• If the POA includes real estate transactions, it must:

  • Be notarized.

  • Be signed in front of two witnesses.

  • Be recorded with the Clerk of Court in the parish where the property is located.

Louisiana law doesn’t require notarization for all POAs. However, some institutions may not accept a POA without notarization.

In Louisiana, a Power of Attorney (POA) doesn’t always need witnesses. However, certain situations, like real estate transactions, require witnesses. If the POA allows someone to buy, sell, mortgage, or manage real estate, two witnesses must sign it. You also need to notarize it and record it in the parish Clerk of Court where the property is located.

A general financial POA or Medical POA (Healthcare Mandate) doesn’t need witnesses. Some banks, financial institutions, or healthcare providers might still ask for them to confirm validity. Witnesses must be competent adults. They cannot be the agent (mandatary) or a beneficiary. Notarization is recommended, even if witnesses are unnecessary. This step helps confirm the legal recognition and broad acceptance of the POA.

In Louisiana, any adult (18 or older) can be an agent (mandatary) under a Power of Attorney (POA). They must be mentally capable and willing to act. Common choices include a spouse, an adult child, a trusted friend, or a professional like an attorney or financial advisor. Louisiana law doesn’t have strict rules. Still, it’s key to pick someone trustworthy and responsible. This is especially true for financial or medical decisions. You can also name a successor agent if the primary agent cannot serve. If you choose multiple agents, the POA should state if they can act alone or together.

In Louisiana, you can appoint several agents (mandataries) in a Power of Attorney (POA). However, you must specify how they will act. 

Ways to Structure Multiple Agents:

• Joint Agents (Acting Together) – All agents must make decisions together. This setup provides checks and balances but can cause delays if they disagree. 

• Independent Agents (Acting Separately) – Each agent can act alone without needing others’ approval. This allows for more flexibility but raises the risk of conflicting decisions. 

• Successor (Backup) Agent – You can name a primary agent and a successor agent. The successor takes over if the primary agent cannot serve. 

Key Considerations:

• Specify Decision-Making Authority – Clearly state if agents should act together or alone to avoid conflicts. 

• Potential for Conflicts – Having multiple agents can lead to disagreements, especially for financial or medical decisions.

• Third-Party Acceptance – Some banks and institutions may be hesitant to accept a POA with joint agents unless it specifies how they must act.

In Louisiana, a Power of Attorney (POA), known as a mandate, stays valid without an end date until one of these happens: 

• Revocation by the Principal – The principal (mandator) can cancel the POA anytime if they are mentally competent. 

• Death of the Principal – The POA ends when the principal dies. The agent (mandatary) can no longer act for them. 

• Incapacity of the Principal (Unless It’s Durable) – If the POA is not durable, it ends if the principal becomes incapacitated, like due to illness or disability. 

• Resignation or Inability of the Agent – If the agent (mandatary) cannot or does not want to act, and there’s no successor agent, the POA ends. 

• Court Order – A court can invalidate a POA if there’s proof of fraud, abuse, or undue influence.

Yes, you can create your Power of Attorney (POA) in Louisiana. However, it’s best to hire a lawyer for complicated cases. Some situations you should use a lawyer include: 

• If you need a Durable POA that remains valid after incapacity. 

• If the POA involves complex financial matters, real estate, or business transactions. 

• If you want a Healthcare POA that aligns with your living will or advance directives. 

• If you want to avoid potential legal challenges (e.g., disputes over validity, fraud concerns). 

• If you need to name multiple agents or include special restrictions. 

A lawyer can help ensure the POA is clear, legally sound, and enforceable. For more information, see Finding and Hiring A Lawyer.

In Louisiana, an agent (mandatary) can use a Power of Attorney (POA). They act for the principal (mandator) by showing the signed and notarized POA to others. This includes banks, real estate offices, and government agencies. The agent must stick to the powers listed in the POA. This includes managing bank accounts, selling property, and making medical decisions. If the POA is limited (special mandate), the agent can't act outside the given authority. The agent must always prioritize the principal’s interests. They should avoid conflicts of interest and not misuse their authority for personal gain.

Banks and financial institutions in Louisiana might not accept a POA due to their policies. To avoid problems, check with the bank first. Use a well-prepared POA that specifies financial authority. Also, keep the document updated.

A Louisiana POA is usually valid in other states. However, acceptance can vary based on local laws and financial institution policies. It also depends on whether the document meets state requirements. If you plan to use a POA outside Louisiana, check its acceptance first. You may also want to create a POA in that state.

No, a Power of Attorney (POA) does not let an agent create, change, or revoke a will for the principal in Louisiana.

An agent (mandatary) usually can't delegate authority to others. This is true unless the Power of Attorney (POA) clearly permits it. If delegation is allowed, the sub-agent must follow the same limits and rules in the original POA. If the POA does not allow delegation, the agent must act on their own. They cannot give their authority to someone else.

To revoke a Power of Attorney (POA), the principal must write a revocation document. This document should clearly state that the previous POA has been revoked. It must include the names of the principal and agent, the date of the POA, and the effective date of the revocation. Notarization is not required, but it is recommended for legal clarity. If the POA includes real estate, you need to notarize the revocation. Then, file it with the parish Clerk of Court where the original POA was recorded.

After revoking the POA, the principal must inform the agent in writing. It's best to use certified mail for proof. The principal must inform any banks, government agencies, or other parties that received the POA. The principal should try to get back or destroy old POA copies. This will help prevent unauthorized use. A POA ends automatically if the principal dies or becomes incapacitated. But, if it’s durable, it stays in effect. It also ends if the agent resigns and there is no successor. These steps make sure the revocation is legal. They also prevent the agent from acting for the principal.

It depends on the type of Power of Attorney (POA) you have. In Louisiana, a POA (mandate) can be durable or non-durable. This choice affects if it stays valid after incapacity.

• Non-Durable POA – Automatically revoked if the principal becomes incapacitated. Louisiana law says a standard POA ends when the principal can't make decisions anymore unless it states otherwise.

• Durable POA – Remains valid even after incapacity. To ensure this, the POA must include specific durability language, such as:

• “This mandate shall not be affected by the principal’s incapacity.”

Can an Incapacitated Person Revoke a POA?

• If the principal is incapacitated, they usually can't revoke the POA. This is because they don't have the legal capacity to make that choice.

A court can step in if there's worry about fraud or abuse. They may revoke the POA if the evidence shows the agent is acting improperly. In severe incapacity cases, a family member might need to seek guardianship through the court. This can override or replace an agent.

If your agent under a Power of Attorney (POA) in Louisiana can’t serve anymore, what you do next depends on whether you named a successor agent. If a successor is listed, they take over automatically with the same powers. But if you don’t name anyone, the POA becomes ineffective. This means no one can act for you.

If you are still mentally competent, you can create a new POA with a different agent. If you are incapacitated, a court may need to appoint a legal guardian (curator) through an interdiction process to handle your affairs. For more details, see A Guide to Interdiction.

To avoid problems, it’s wise to name a successor agent when you draft your POA. Also, review and update the document as needed. Agents may stop serving for several reasons, such as death, incapacity, resignation, or legal issues. Without a backup agent, your POA might not work, leading to unnecessary court action.

In Louisiana, a Power of Attorney (POA) ends automatically when the principal dies. The agent (mandatary) loses all authority to act for the principal at that time.

What Happens After Death?

• The executor or administrator of the estate manages legal and financial matters. They are appointed by a will or through succession law.

• The agent can't access bank accounts, manage property, or handle finances. They must be named as an executor in the principal’s will to do so.

If the principal dies without a will, Louisiana's intestate succession laws will handle the estate. For more details, see Dying without a Will - Intestate Successions.

If your situation changes, such as needing to replace your agent or change their powers, you must revoke and update your Power of Attorney (POA) in Louisiana. Start by creating a written revocation document that states the previous POA is no longer valid. If the original POA was notarized and recorded, such as for real estate, the revocation must also be notarized and recorded in the same parish Clerk of Court. After that, notify your current agent and any third parties, like banks or healthcare providers, who relied on the original POA.

Once the previous POA is revoked, draft a new one that meets your updated needs. This may include naming a new agent, changing their powers, or adding a successor agent. The new POA must meet Louisiana’s legal rules. This includes notarization and, if necessary, witness signatures. If the old POA was recorded, file the new one with the Clerk of Court to ensure it takes full legal effect. Once you create the new POA, share copies with the relevant institutions. This way, they will recognize the updated document.

It's important to update your POA if your agent can't serve anymore. Also, do it if you want to change their authority. Major life events, like marriage or divorce, also call for updates. Many financial institutions also prefer a recent POA, so an outdated document may not be accepted. Revoking and updating your POA helps you keep your affairs safe. This way, you avoid legal problems.

In Louisiana, a divorce doesn’t automatically cancel a Power of Attorney (POA). If your ex-spouse is your agent and you want to change that, you must revoke the POA formally. Then, inform all relevant parties.

An agent (mandatary) with a Power of Attorney (POA) in Louisiana must always act in the principal's (mandator's) best interest. They must also stay within the authority given in the POA document. Their duties vary based on the type of POA—financial, medical, or both—and the powers assigned. If an agent misuses their power, they can be held accountable under the law.

In Louisiana, a Power of Attorney (POA) can give temporary authority over minor children or dependents. However, it does not grant legal custody. A Parental POA lets a parent or guardian give another adult, like a grandparent or caregiver, the power to make daily decisions for a child. These decisions include medical care, school enrollment, and supervision. This authority usually lasts for one year and can be revoked anytime by the parent.
A Durable POA lets an agent manage financial, medical, or personal matters for adults with disabilities or elderly dependents. If the dependent is legally incapacitated, a court-appointed guardianship (interdiction) may be required instead of a POA. A POA works well for temporary decisions, but permanent custody or guardianship needs court approval. For more information, see A Guide to Interdiction.

Louisiana lacks a centralized state registry for Powers of Attorney (POAs). Still, some POAs must be recorded with the parish Clerk of Court to be legally valid.

When to Record a POA:

• Real Estate Transactions – A POA that lets someone buy, sell, or manage real estate must be notarized, witnessed, and recorded at the Clerk of Court's office in the parish where the property is.

• If Required by a Third Party – Some banks, financial institutions, or government agencies may ask for a recorded POA for verification.

It is best to store a POA in a secure location and ensure your agent has access when needed.