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:
(B) is:
(i) missing;
(ii) detained, including incarcerated in a penal system; or
(iii) outside the United States and unable to return.
(ii) detained, including incarcerated in a penal system; or
(iii) outside the United States and unable to return.