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Louisiana Power of Attorney Forms

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A Louisiana Power of Attorney can allow an individual to legally and officially designate an agent, trusted individual, or “mandatory” (in certain instances) to act on his or her behalf when necessary. The term “mandatory” is used in Louisiana instead of agent or attorney-in-fact.  There are many different types of POAs. Some are broad and can be used in a broad range of transactions for a long period of time. Others are more discreet and are only used for a specific transaction or type of transaction or limited time period. In all cases, it is important that you choose someone you trust to act in your stead.  All forms should comply with RS 9:5647.

Types

Durable Power of Attorney – This type allows a person to designate a mandatory or agent to act on financial and other matters. This form stays in effect until revoked by the principal. It continues in effect even if the principal becomes incapacitated. Incapacitated means that the person is adjudged by a physician to be incapable of making decisions on his or her own behalf.

General Power of Attorney – This type is similar to the durable form except that instead of continuing effect upon the principal’s incapacity, it becomes void and ineffective.

Health Care Power of Attorney – This form is for use when you need someone to be available to represent your health care interests.

Limited Power of Attorney – A special type can only be used in a specific situation.

Minor Child Power of Attorney – This form is used when you need to have someone in place to represent your child’s interests in the event you are unavailable to do so.

Power of Attorney Revocation Form – This is used to cancel any type of power of attorney you may have created in the past.

Tax Power of Attorney (Form R-7006) – This form allows a person to appoint a representative to handle his or her interests in front of the state tax authorities.

Vehicle Power of Attorney – This form is used when you need a representative to act on your behalf as it relates to your motor vehicle.

How to Write

1 – The Louisiana Form Necessary To Delegate Power Should Be Opened and Downloaded

The form required to delegate and appoint Principal Power to an Agent, in Louisiana, is provided through this page using the buttons below the image. The Principal must review the contents of this document. This form will provide the default statements to deliver a broad scope of Durable Powers but, should be reviewed by the Principal. The top of this page will contain several blank spaces, which may only be satisfied by the Notary Public at the time of signing. The Principal may delete any of the Powers or Actions granted to the Agent if the appropriate software has been used to open it. Otherwise, it may be printed and the Principal may cross out whatever Statement of Power that should not apply to the Agent. Each page will contain a Signature line for the Principal at the bottom. The Principal must sign this blank space to provide Approval of that page’s contents. 

2 – Read The First Two Articles of Disclosure

Article I (“Durability”) and Article II (“Prohibited Powers”) will define the conditions and limitations involved with this paperwork. The Principal and Agent must both be familiar with the statements in these articles before signing this paperwork.3 – The Principal Must Review The Principal Powers Concerning Property Delivered Through This Form

The Third Article (“Property”) is composed of several paragraphs. Each of these paragraphs will present a topic of Authority with a description of the actions the Agent may take on behalf of the Principal and in the name of the Principal. It will be up to the Principal, delegating this Authority, to read each paragraph. If one of these paragraphs is left unmarked, it will be considered a topic of Authority with a description of Actions the Agent may take. If the Principal does not wish the Agent to have the topic defined, then he or she must cross out that paragraph.

The first paragraph is labeled “General Powers.” The Principal will grant the Agent Powers that are limited by the extent of the Law. If the Law changes, the General Powers available to the Agent will also change accordingly. This includes restrictions and extensions of Power. The Principal may cross out this statement if he or she wishes to keep the Agent’s Power constrained to this document. If the Principal has decided that specific Powers should be granted to the Agent, this may be done through by leaving the applicable statements below the paragraph labeled “Additional Powers” intact. The first statement defining additional Powers is labeled “Purchases and Sales.” This paragraph defines how the transactions the Agent may engage in to acquire or dispose of Property on behalf of the Principal with Principal Authority. If the Principal wishes to restrict the Agent from the actions defined in this statement, he or she must cross it out. The Agent will be granted the Power to buy U.S. Government Bonds (redeemable for Tax Payments) in the statement beginning with the words “My Agent…” The Principal may cross out this blank statement if he or she wishes to restrict the Agent from such actions. The statement beginning with “Operation of Businesses” delivers the Ability to make decisions and take actions with Business Entities using the same Authority the Principal possesses in the Name of the Principal. The Principal may restrict the Agent from the actions and powers defined by simply crossing out this paragraph.

The “Options” statement will define how the Principal may grant the Agent the right to grant or place terms, conditions, and options regarding the Principal’s Real Property with Principal Authority. If the Principal does not wish the Agent to have this type of Principal Power, he or she should cross out this statement. The “Servitudes and Easements” paragraph defines what the Agent may do with Principal Power in applying such Power with Principal Property. This may be restricted from the Agent’s Principal Power by crossing out this paragraph.If the Agent will have the Power to enter, affect, maintain, terminate, or negotiate Leases on behalf of the Principal, as if he or she were the Principal, then leave the “Leases” paragraph unaltered. This Principal Power may be restricted from the Agent’s use once it is crossed out by the Principal.The bottom of this page will contain a Principal Signature Line. The Principal must sign his or her Name after he or she has reviewed it. If any alterations to this page were made by the Principal, he or she should provide a signature after the alterations have been made.If the Principal will apply the Powers and Actions defined in the paragraph labeled “Oil, Gas and Other Minerals” to the Agent, this statement should be left unmarked. Otherwise, the Principal may strike out any parts that should not apply or cross out the entire statement. This action will remove the crossed-out sections from the Agent’s Principal Powers.The next statement will describe Principal Powers the Agent may wield when it comes to the Principal’s Partnerships. Strike out this paragraph if the Principal intends to restrict the Agent from wielding such Authority regarding Partnerships, he or she should cross out the words in the “Partnerships” paragraph.The Principal may deliver the Power to Borrow money in his or her Name in the “Borrowing” paragraph. If the Principal crosses out this paragraph, the Agent will not be able to wield Principal Powers in such a capacity.The “Lending” statement will empower the Agent with the Principal Authority to Lend Principal Money on the Principal’s behalf. This Power may be restricted from the Agent when the Principal crosses out this statement.The “Exchange” statement will define the Principal Power to Exchange the Principal’s Property and name the terms of exchange. The Principal retains the option to forbid this Power from the Agent by crossing out this statement. The Agent may decide as if he or she were the Principal as to whether Property should be Retained and to what lengths should be taken to Retain it. If the Principal does not intend to allow the Agent to decide or act on such matters than he or she should strike out the words in the “Retention of Property” paragraph by drawing a horizontal line through them.The Agent may decide upon or take action on making “Improvements” to the Principal Property through the statement labeled “Improvements,” unless the Principal crosses out this paragraph.The Principal must sign his or her Name on the blank line labeled “Principal” at the bottom of this page.The “Agents and Employees” paragraph shall provide a method for the Principal Approval of Employees and other Agents hired and delegated to by the Principal Agent. If the Principal does not want the Agent to have the ability to hire, retain, or delegate in this manner, he or she must cross out the definitions of this statement.’The “Mutual Funds” statement defines the Principal Power to be granted to the Agent regarding the Principal’s dealings with Mutual Funds. Cross this statement out if the Principal does not grant his or her Approval for the Agent to use these powers.The Principal Life Insurance plans and policies will be under the jurisdiction of the Agent’s Principal Power if the statement labeled, ” Life Insurance,” is not crossed out by the Principal.The Principal may grant his or her Authority in the “Custody and Location of Property” regardless of what state the Property is in by leaving the next statement unaltered. The Principal may cross out this statement to prevent the Agent form wielding Principal Authority in the manner described.If the Agent may issue Power Documents in the Principal’s Name and assign Powers of Principal Authority to another party in the name of the Principal, this will be possible through the “Powers Of Attorney” paragraph. The Principal should strike out this paragraph with horizontal lines if he or she does not wish to grant such Power to the Agent.The “Miscellaneous Agreements” statement will give the Agent the Principal Authority to enter agreements not necessarily discussed here in the name of the Principal. This statement may be crossed out by the Principal if the Agent should not have such Authority.The paragraph labeled “Retirement Plans,” will give a full description on how the Agent may wield Principal Authority to affect the Principal’s Retirement plans and policies. This ability may be withheld from the Agent if it is crossed out by the Principal.The blank line labeled “Principal” at the bottom of this page must be signed by the Principal granting the Powers defined.The “Accounts” statement will define the actions the Agent has the Principal Power to take with Financial Institutions using Principal Authority. When the Principal crosses out this paragraph, it will be stricken from this form and its definitions will not apply to the Agent’s Principal Power.By default, this form will approve of Principal Authority (for the Agent) to access and affect Safe-Deposit Boxes in the name of the Principal through the definitions of the paragraph labeled “Safe-Deposit Boxes.” Delete or cross out this paragraph, if the Principal does not wish the Agent to have Authority with his or her Safe Deposit Boxes in the manner defined. This form will empower the Agent to handle “Legal Proceedings” in the name of the Principal through the next paragraph. Should the Principal prefer to keep such Authority from the Agent, this paragraph should be crossed out.The “Trusts” statement allows the Agent to execute or settle trust instruments on behalf of the Principal unless the Principal crosses out this statement.The Principal may withhold Principal Power regarding “Fiduciary Offices,” if he or she strikes out the paragraph with that label.The “Taxation” paragraph will give a description of how the Principal Agent may affect the Principal’s Taxes. The Principal may cross out this entire selection, or parts of it, to withhold any of these Powers from the Agent’s Principal Authority.The blank line at the bottom of this page must be signed by the Principal.The “Gifts” will empower the Agent to make Gifts of Principal Property/Capital/Services in the name of the Principal unless the Principal strikes a horizontal line through this statement. If the Principal is a source of “Support,” the paragraph labeled “Support” will describe all the Principal Powers the Agent may use in this capacity. The Principal may cross everything out or just some parts if he or she desires to withhold any of the Principal Authority from the Agent.

4 – Each Health Care Power Must Be Approved By The Principal

The next article, “Health Care,” will also provide several statements that will outline what the Principal Agent may do with Principal Authority in terms of the Principal’s Health Care. That is, in a case where the Principal is incapacitated and cannot make his or her own decisions, the Agent will be able to perform all the actions defined in this article. The Principal may leave these default Powers present so they may be delegated to the Principal Agent or the Principal may cross out any statements defining a Principal Health Care Power that should be withheld from the Agent.The first statement, “Medical Records,” will allow for the Agent to access any Medical Records regarding the Principal’s Physical and Mental Health unless the Principal crosses out or withholds any powers with a strikethrough.The next statement, “Professionals,” provides the Principal Authority the Agent needs to hire, release, compensate, or retain any Health Care Professionals deemed necessary by Agent. Such Power may be kept from the Agent when the Principal crosses out any part of this statement or the entire statement.The “Institutionalization” statement may be crossed out by the Principal, if he or she does not wish the Agent to make decisions regarding where the Principal should stay when Medical or Psychiatric Care is needed.   The “Treatment” statement will give the Agent Principal Consent to use the same Principal Power of Decision the Principal has when it comes to his or her Medical or Psychiatric Treatment. Such Powers may be crossed out and denied of the Agent by the Principal.The next statement, “Chemical Dependency,” gives the Agent the Power to Approve Chemical Dependency Tests and Treatment for the Principal using his or her Principal Power. The Principal may prevent this use of Power by the Agent, once he or she strikes out this statement.The Principal will receive or be denied “Pain Relief” upon the Agent’s use of Principal Authority unless the Principal strikes this paragraph from the record by crossing it out.The “Releases” statement, gives Agent some security by releasing him or her from liability (within the limits of the law) when he or she must act on the Principal’s behalf in this capacity. This statement can also be stricken from the record once the Principal crosses it out.

5 – The Personal Care Powers Delivered To The Agent Through This Form Requires Principal Review

Article V, “Personal Care,” shall deliver Statements of Authority regarding various considerations the Principal wishes to be taken by the Agent when making any Principal Decisions.

If the Principal shall allow the Agent to make decisions regarding his or her “Home Care,” then leave the first statement unmarked. Otherwise, this Principal Power may be withheld from the Agent’s control once it is crossed out. If the Principal’s “Institutional Care” should be under the Principal Powers assigned to the Agent, then leave the second statement unmarked. If, however, the Principal wants to restrict the Agent from having the ability to take any of the actions or make any of the decisions defined in the statement titled “Institutional Care,” then draw a horizontal line through the denied Power(s). The next statement shall deal with the Principal’s “Religious Needs.” If the provisions described within it should apply, then leave it unaltered. Otherwise, the Principal may delete or cross it out. The statement labeled “Companions and Recreation” describes the Principal Powers enabling the Agent to hire, direct, terminate or compensate Principal Companions necessary for the Principal’s general well-being. The Agent’s Principal Powers will exclude the ones listed in this statement once the Principal crosses out the paragraph. This document will provide the Agent with the Principal Power to make “Funeral Arrangements” for the Principal’s remains. Cross out the “Funeral Arrangements” statement if this Power should be withheld.      The “Principle” line at the bottom of this page must be signed to verify Principal ApprovalThe Principal will empower the Agent with the Principal Power to obtain a “Curator or Guardian” to take care of the Principal and/or the Principal Estate. The Principal may cross out this statement to remove it from the Powers granted to the Agent.

6 – The Medical Treatment Refusal Powers Delivered Through This Paperwork Must Be Approved

The Article VI, “Refusal Of Medical Treatment,” will discuss some Medically themed scenarios where the Principal may express his or her Granting or Withholding of a Principal Authority to the Agent.

If the Principal will allow the Agent to “Withdraw or Withhold Life Support” under the conditions described in the first paragraph, the Principal should leave this paragraph unmarked. If the Principal does not wish these Powers, or some of them, delivered to the Agent, he or she should cross out the statement that does not apply to the delivered Powers.The Principal will empower the Agent with the Authority to wield Principal Power in determining whether artificial nourishment should be withheld from the Principal or not unless the Principal crosses out the “Nourishment” statement. If the Principal has issued a “Declaration Concerning Life-Sustaining Procedures,” then attach it to this document. If not, then cross out the “Declaration” statement.    

7 – The Incidental Powers The Principal Agent Will Assume Requires The Principal’s Attention

Article VII, “Incidental Powers,” will give define some additional Powers that may or may not supplement the Powers already given in this document but have been included in the spirit of delegating a broad scope of Authority to the Agent. As with the previous sections, all the Powers here are delivered by virtue of appearing in Print before the Principal signs this document. If the Principal crosses out any statement, or parts of, that crossed out statement will not be assigned, delegated, or granted to the Agent.

The “Proceedings” statement will give the Agent the ability and Principal Authority to defend or file proceedings on behalf of the Principal so long as it is not altered or crossed out by the Principal. The “Advisors and Employees” statement allows the Agent to hire, instruct and discharge parties such as Accountants, Appraisers, Experts, etc. unless it is crossed out. The Principal must sign this page to verify he or she has approved of the statements it contains. The paragraph labeled “Modifications” will grant the Agent the Power to amend this document as the situation dictates. That is, the Agent may add or delete Principal Powers assigned to him or her if this statement is not crossed out by the Principal. If the Principal wishes the Agent to have the Principal Power to open, read, respond, or redirect correspondence addressed to the Principal, then he or she should leave the “Communications” statement unaltered. Otherwise, this paragraph should be crossed out to withhold these Powers. The statement, “Important Documents,” will empower the Agent with Principal Authority over the Principal’s paperwork. The Principal retains the right to cross out any part or all of this statement to withhold the Powers described within it from the Principal. The Principal’s “Pets” will be addressed in the “Pets” statement. Here, the Principal may assign his or her Powers in guarding and acting for the welfare of his or her Pets to the Agent.

8 – The Third-Party Article Disclosures Should Be Read

Article VIII, “Third Parties,” delivers several statements meant to define the reliance the Principal will have on Third Parties who will need to adhere to the statements in this form regarding the Agent’s relationship to the Principal. The Principal should read the three provided statements: Notice of Amendment or Revocation, Reliance, and Information. Generally, the Principal should not cross out or delete any of these statements without consulting a professional.

9 – Principal Review Of Miscellaneous Provisions Should Be Approved By The Principal

Article IX, “Miscellaneous Provisions,” will round out the Statements of Authority presented in this form. The Principal should read through this section then, decide if these statements should be applied to the Powers granted to the Agent. If the Principal intents to nominate the Agent, listed in this form, this will be accomplished in the “Nomination” statement. If the Principal does not wish to Nominate the Agent to act as Curator, Undercurator, conservator, guardian or another fiduciary agent, then he or she should cross out this statement. The last line on this form will require the Principal’s Signature. The “Release” statement grants Principal Authority regarding discharging and releasing Agents, Successor Agents, etc. on behalf of the Principal according to the terms defined within it unless the Principal strikes out the nonapplicable Powers with a horizontal line to remove them or deletes them altogether with software capable of editing this form. The next two statements “Applicable Law” and “Revocation” may not be crossed out or removed unless an attorney or similar professional has been consulted and specifically advises so.10 – The Signature Of The Principal Must Be Supplied And Substantiated

The Notary who filled out the first section of this document will also provide the Date and Location of this Authority’s Execution. Be sure to follow the instructions provided by this entity. At his or her request, the Principal must sign his or her Name on the “Principal Line.” Similarly, the Agent must sign his or her Name on the “Agent” line. Next, there will be two lines provided so a Witness may verify the observance of this Signing. Finally, the Notary will finish this form by providing his or her credentials and stamp.


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