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.
Powers Granted
The principal may confer on the mandatary general authority to do whatever is appropriate under the circumstances.[1]
Authority to make decisions about the following must be specifically granted by the principal:[2][3]
- The authority to alienate, acquire, encumber, or lease a thing;
- Make an inter vivos donation;
- Accept or renounce a succession;
- Contract a loan, acknowledge or make remission of a debt, or become a surety;
- Draw or endorse promissory notes and negotiable instruments;
- Enter into a compromise or refer a matter to arbitration;
- Make health care decisions, such as surgery, medical expenses, nursing home residency, and medication; or
- Prevent or limit reasonable communication, visitation, or interaction between the principal and a relative by blood, adoption, or affinity within the third degree, or another individual who has a relationship based on or productive of strong affection.
“Durable” Definition
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.[4]
“Power of Attorney” Definition
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.[5]
Revocation
The principal may revoke the power of attorney at any time while they are able to make decisions on their own behalf.[6]
A power of attorney is terminated on any of the following:[7]
- Death of the principal or of the mandatary;
- Interdiction of the mandatary; or
- Qualification of the curator after the interdiction of the principal.