Key Takeaways
- Louisiana notaries can prepare legal documents (prohibited in other states)
- Can draft contracts, wills, and powers of attorney
- Can handle successions (probate matters)
- Can create authentic acts with full evidentiary weight
- Can take depositions
Last updated: January 2026
Unique Powers of Louisiana Civil Law Notaries
Louisiana notaries are considered public officials with a Governor's Commission authorizing a broad range of powers not found in other states.
Civil Law vs. Common Law
| Aspect | Louisiana (Civil Law) | Other States (Common Law) |
|---|---|---|
| Legal Basis | French/Spanish civil law | English common law |
| Notary Role | Quasi-judicial officer | Witness to signatures |
| Document Preparation | Permitted | Generally prohibited |
| Legal Documents | Can draft | Must be attorney |
Expanded Powers Unique to Louisiana
Louisiana notaries can perform functions that are strictly reserved for attorneys in other states:
| Power | Description | Other States |
|---|---|---|
| Prepare Legal Documents | Draft contracts, wills, etc. | Prohibited |
| Handle Successions | Estate/probate matters | Attorney only |
| Create Authentic Acts | Self-proving legal documents | Not recognized |
| Inventory Property | For estates | Court-appointed only |
| Take Depositions | Full deposition authority | Often restricted |
| Draft Contracts | Business and personal | Attorney only |
| Prepare Powers of Attorney | All types | Attorney only |
What Louisiana Notaries Can Draft
| Document Type | Louisiana Notary Can Draft |
|---|---|
| Last Wills and Testaments | Yes |
| Powers of Attorney | Yes |
| Acts of Sale (Real Estate) | Yes |
| Mortgages | Yes |
| Donations | Yes |
| Marriage Contracts | Yes |
| Successions | Yes |
| Business Contracts | Yes |
| Affidavits | Yes |
| Acknowledgments | Yes |
Authentic Acts
One of the most powerful tools unique to Louisiana notaries:
| Feature | Description |
|---|---|
| Definition | Writing executed before notary and 2 witnesses |
| Legal Weight | Prima facie proof of contents |
| Court Admissibility | Self-proving |
| Challenge | Requires formal court action to overcome |
Limitations
Despite expanded powers, Louisiana notaries still cannot:
| Prohibited Actions |
|---|
| Provide legal advice |
| Represent clients in court |
| Practice law (unless also an attorney) |
| Act outside their jurisdiction |
Why This Matters
The expanded powers of Louisiana notaries:
- Create significant responsibility and liability
- Require thorough knowledge of civil law
- Explain the rigorous exam (21% pass rate)
- Demand ongoing education and diligence
Historical Context
Louisiana's notary system traces back to:
- 1803: Louisiana Purchase from France
- Napoleonic Code: Foundation of civil law
- Spanish Colonial Law: Additional influences
- Unique Status: Only civil law jurisdiction in US
On the Exam
- Document preparation: Permitted in Louisiana
- Authentic acts: Unique to civil law
- Successions: Can be handled by notaries
- Legal advice: Still prohibited
Test Your Knowledge
Which of the following can a Louisiana notary do that notaries in other states CANNOT?
A
B
C
D
Test Your Knowledge
Despite their expanded powers, Louisiana notaries are still prohibited from:
A
B
C
D
Test Your Knowledge
Louisiana's civil law notary system is based on:
A
B
C
D