The Durable Power Of Attorney In Louisiana is a form that allows you to appoint a representative to act on your behalf by representing your best interests in financial and other matters you determine. This form is considered “durable” which means that if the maker of the document becomes incapacitated, or unable to make decisions for themselves, the document will still be effective. It should be suggested that since someone is going to be acting as if they were you, with access to your financial affairs a strong effort to make sure this individual is responsible, trustworthy, and maintains a clear line of communication with the issuing principal at all times, whenever possible, regarding the directives this document includes in its terms.

Laws – Civil Code 2989

Health Care Power of Attorney – If you become mentally or physically unwell and are unable to make your own medical decisions, your Health Care POA will enable your representative to make decisions on your behalf.

How to Write

1 – Download and read thoroughly the free Louisiana Durable Power of Attorney

Gain access to a copy of this document by selecting one of the buttons captioning the preview picture of the required template

2 – Introduce And Identify Each Party Involved With This Louisiana Appointment Of Authority

The opening paragraph seeks several items to properly define both the Principal and the Attorney-in-Fact. In this paragraph, the individual named as the Principal will appoint another individual as an Attorney-in-Fact who is intended to wield the same Authority the Principal holds. Before proceeding to this statement, however, record the Parish where this document will be executed. Now that we have identified the Louisiana Parish where this document will be executed, locate the statement starting with the words “Before Me, The Undersigned Notary, And Witnesses…” then record the Date of this Appointment/Execution by entering the Month and Calendar Day on the first blank space that follows this wording and the Year on the second blank space that follows this wording. Now, record the Principal’s Complete Name and the last four digits of his or her Social Security Number using the next two blank lines. Note: The Name Of The Principal Must Appear At The Bottom Of Each Page Exactly As It Has Been Recorded Here. Finally, fill in the Principal’s Full Address after the words “…Who Resides At” and before the parentheses label “(Principal).” Next, we will have to fully identify the Attorney-in-Fact who will be granted Principal Powers through this delegation form’s execution. Do this by entering his or her Name on the blank space after the phrase “…Who Appoints.” The next two spaces request the last four digits of the Attorney-in-Fact’s Social Security Name and his or her Address.

3 – The Principal Should Review Each Article Of Power

This paperwork will set the appointment of Authority as being Durable. This means that only the Principal’s Revocation or Death will terminate the Authority granted here. Thus, if the Principal is diagnosed as being disabled and unable to make decisions or act independently, the Attorney-in-Fact’s Principal Powers will remain in Effect. If this does not adhere to the Principal’s intentions then, he or she should consult a lawyer or similarly qualified professional before proceeding. The next area requiring a review is “Article II Prohibited Powers” defines restrictions that will apply to the Attorney-in-Fact’s Principal Powers. This area will discuss subjects such as “Life Insurance,” “Gifts,” and restrict the Attorney-in-Fact from using Principal Power to benefit him or her by disclaiming Principal Assets. The area labeled “Article III Property” will present a comprehensive discussion on what the Attorney-in-Fact may do with the Principal Property using Principal Powers. Here Property will be defined as anything tangible or intangible the Principal holds or has Authority over. The Principal will have complete control over what should or should not be included in this section thus, it is imperative that he or she set aside a reasonable amount of time to read through each of the thirty discussions presented here. Any subject matter that should be restricted from the Attorney-in-Fact’s Principal Powers should be crossed out or deleted so that it will be excluded from this Power Appointment. For instance, if the Principal does not wish to grant the Authority to make “Gifts” in his or her Name to the Attorney-in-Fact, then the “Gifts” paragraph should be removed or struck through with horizontal lines.

Next in “Article IV Health Care,” the Principal Powers the Attorney-in-Fact may use regarding the Principal’s Medical needs. As with the previous sections, any of the items defined here may be struck out or removed if the Principal does not wish to delegate such Power. If a separate Health Care Directive has been placed in effect by the Principal, make sure delivering the Powers in this section to the Attorney-in-Fact will not interfere with such a directive. “Article V Personal Care” shall go into detail pertaining to the Principal’s “Home Care,” “Institutional Care,” “Religious Needs,” “Companions And Recreation,” “Funeral Arrangements,” and will nominate the Attorney-in-Fact as the Principal’s “Curator Or Guardian” should need to be determined by the courts in the future. Any of the items here the Principal does not wish included should be deleted or crossed out upon the request of the Principal before this document is presented for signing. If the Principal has determined the Attorney-in-Fact will have the Authority to refuse Medical Treatment on his or her behalf then, “Article VI Refusal Of Medical Treatment” should be reviewed by the Principal. Here the Principal can set the Attorney-in-Fact with the right to “Withdraw Or Withhold Life Support,” decide upon artificial “Nourishment,” and will state adherence to Louisiana Revised Statutes 40:1299.58″ 

4 – Some Additional Powers Require A Principal Review Before Signing

Some additional Power can be granted to the Attorney-in-Fact using this document. This will be discussed in “Article VII Incidental Powers.” The Principal may use this section to approve the Attorney-in-Fact’s Principal Power “To Enforce Exercise Of The Powers” listed in this document. This will include being able to engage in or institute “Lawsuits Or Administrative Proceedings” on the Principal’s behalf, Hire and otherwise manage the employment of Principal “Advisors And Employees,” make “Modifications” to this document after its completion to suit the Principal’s needs, handle and have access to the Principal’s “Communications” and “Important Documents,” as well as providing care for the Principal’s “Pets.” The Principal retains the right to control which of these Powers are delivered. Any one of these statements or parts of may be crossed out, deleted, or otherwise removed at the discretion of the Principal.

The eighth article shall handle the subject of “Third Parties.” Generally speaking, this section should not be altered without consulting a lawyer beforehand. Here, third parties will be protected if unaware that a “Notice Of Amendment Or Revocation” has been issued, the “Reliance” on third parties will be stated, and approval for a third party’s Disclosure of Principal “Information” as required by the Powers above will be solidified.  In addition to the Powers defined above “Article IX Miscellaneous Provisions” will discuss some odds and ends that should be addressed by the Principal. This article will allow an Attorney-in-Fact to gain Reimbursement for his or her “Expenses,” provide an official “Nomination” of the Attorney-in-Fact to serve as the Principal’s Curator or Guardian should the courts decide one should be appointed, “Release” the Attorney-in-Fact from certain liabilities when following the Principal’s instruction and provides a description of how a “Revocation” of this document should occur.

5 – The Principal Execution Of This Lousiana Delegation Requires The Attention Of Several Parties

The final section of this paperwork will demand the attention of the Principal. He or she must find the sentence beginning with “Thus Done And Signe In” then supply the same Louisiana Parish where this paperwork is executed. He or she must also enter the Signature Date as a Month and Calendar Day between the word “On” and before the number “20” and the Two-Digit Calendar Year on the last blank space.

The next set of blank lines are each clearly labeled, and will each require a separate signature. The Principal must sign his or her name before a Notary Public and two Witnesses on the line labeled “Principal.” Below the Principal’s Signature, the Attorney-in-Fact must sign the “Agent” line.  Two blank spaces labeled “Witness” appear to the right of the Principal and Attorney-in-Fact Signatures and each one must contain a unique Signature from a Witness who has viewed the Principal Signing.  The “Notary” line and the statement below are strictly for the purpose of Notarizing this paperwork’s execution.