Key Takeaways
- In Louisiana, powers of attorney are called "mandates" under Civil Code
- General mandates are not recommended due to specificity requirements
- Authentic act form required if mandate authorizes acts requiring authentic form
- Durable POA remains effective during incapacity
- Revocation should be in authentic form for real estate matters
Powers of Attorney (Mandates) in Louisiana
In Louisiana civil law, a power of attorney is called a mandate. The person granting power is the principal (or mandator), and the person receiving power is the agent (or mandatary).
Louisiana Civil Code Article 2993
The Civil Code states that no particular form is required for a mandate. However, if the mandate authorizes an action that requires a particular form, then the mandate itself must be in that form.
When Authentic Form Is Required
| If Mandate Authorizes... | Mandate Must Be In... |
|---|---|
| Sale of immovable property | Authentic act form |
| Mortgage of immovable property | Authentic act form |
| Donation of immovable property | Authentic act form |
| Any act requiring authentic form | Authentic act form |
| Simple acknowledgments | Private writing acceptable |
Types of Powers of Attorney
| Type | Description | Recommendation |
|---|---|---|
| General Mandate | Broad, non-specific powers | Not recommended in Louisiana |
| Specific Mandate | Defined powers for specific acts | Preferred |
| Durable POA | Remains effective during incapacity | Common for estate planning |
| Healthcare Mandate | Medical decision-making | Special requirements |
Why General POAs Are Problematic
Louisiana requires specificity for certain powers. A general mandate may not include:
- Authority to make gifts
- Authority to change beneficiaries
- Authority to create trusts
- Other powers requiring express grant
Execution Requirements
For Simple Mandates
| Requirement | Details |
|---|---|
| Writing | Must be in writing |
| Signature | Signed by principal |
| Notarization | Recommended but not always required |
| Witnesses | Not required for general/medical POA |
For Real Estate Mandates (Authentic Form)
| Requirement | Details |
|---|---|
| Notary | Required |
| Witnesses | Two competent witnesses |
| Signatures | Principal, witnesses, and notary |
| Recording | Recommended in conveyance records |
Healthcare Mandates
| Aspect | Requirement |
|---|---|
| Witnesses | Not required by statute |
| Notarization | Recommended |
| Agent Restrictions | Cannot be healthcare provider |
| Specificity | Must clearly define powers |
Revocation of Mandates
| Method | Details |
|---|---|
| Written Revocation | Signed by principal |
| Recommended Form | Authentic act (especially for real estate) |
| Recording | Prudent to record in Conveyance Records |
| Purpose | Establishes public notice of revocation |
Agent (Mandatary) Cannot Be Witness
The person receiving power under the mandate cannot serve as a witness to the authentic act, as they are a party to the transaction.
On the Exam
- Mandate: Louisiana term for power of attorney
- Authentic form: Required if mandate authorizes authentic act
- General POA: Not recommended in Louisiana
- Revocation: Should be in authentic form for real estate
If a power of attorney authorizes the sale of real estate in Louisiana, the power of attorney must be:
Why are general powers of attorney NOT recommended in Louisiana?