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Louisiana Springing Power of Attorney

A Louisiana springing power of attorney (called a "mandate" in La.) is a legal document used to grant an individual (a mandatary) the authority to manage another person's affairs (the principal) as specified in the mandate. This type of mandate becomes effective only if the principal becomes mentally or physically unable to manage their own affairs.

Updated June 28, 2024

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Permitted in Louisiana?

Yes, Louisiana law is silent regarding when a power of attorney becomes effective. Therefore, a principal may determine that the POA becomes effective at a future date or when a specified event occurs, like the principal’s incapacity.

Signing Requirements

The principal’s signature must be acknowledged by a notary public and by two witnesses.[1]

“Incapacity” Definition

Louisiana law does not specify the meaning of the term “incapacity” in regard to powers of attorney or mandates. Therefore, the meaning should be determined by the principal and written into the POA.
For reference, the Uniform Power of Attorney Act defines “incapacity” to mean the inability of an individual to manage property or business affairs because the individual:
(A) has an impairment in the ability to receive and evaluate information or make or communicate decisions even with the use of technological assistance; or
(B) is:
(i) missing;
(ii) detained, including incarcerated in a penal system; or
(iii) outside the United States and unable to return.