Signing Requirements
For a mandate to be effective, both the principal and the equivalent of the attorney-in-fact must sign the document. Louisiana law does not stipulate witness or notary requirements, but it is recommended to sign in front of at least two adult witnesses and a notary.
Definition of “Durable”
In the absence of contrary agreement, neither the contract nor the authority of the mandatary is terminated by the principal’s incapacity, disability, or other condition that makes an express revocation of the mandate impossible or impractical (Civ. Code art 3024).
Definition of “Power of Attorney”
A mandate is a contract by which a person, the principal, confers authority on another person, the mandatary, to transact one or more affairs for the principal (Civ. Code art. 2989).