Power of Attorney Form for Louisiana

STATE OF LOUISIANA: DURABLE POWER OF ATTORNEY & MANDATE

DOCUMENT ID: LA-POA-STAT-2024-V1
EFFECTIVE DATE: [Effective Date]
GOVERNING JURISDICTION: State of Louisiana (Parish of [Parish Name])
VERSION: 1.0.1 (Institutional Grade)

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I. STATUTORY & LEGAL COMPLIANCE NOTICE

NOTICE TO THE PRINCIPAL: THIS DOCUMENT IS A SIGNIFICANT LEGAL INSTRUMENT CREATING A MANDATE UNDER THE LOUISIANA CIVIL CODE AND THE LOUISIANA UNIFORM POWER OF ATTORNEY ACT (LA. R.S. 9:3851 ET SEQ.). THE POWERS GRANTED HEREIN ARE BROAD AND SWEEPING. THEY SHALL REMAIN EFFECTIVE EVEN IF YOU BECOME INCAPACITATED UNLESS OTHERWISE SPECIFIED. THIS DOCUMENT DOES NOT AUTHORIZE ANYONE TO MAKE MEDICAL OR HEALTHCARE DECISIONS FOR YOU; SUCH POWERS MUST BE GRANTED IN A SEPARATE ADVANCE DIRECTIVE OR HEALTHCARE POWER OF ATTORNEY. YOU RETAIN THE RIGHT TO REVOKE THIS MANDATE AT ANY TIME WHILE YOU HAVE CAPACITY.

NOTICE TO THE AGENT (MANDATARY): BY ACCEPTING THIS APPOINTMENT, YOU ASSUME A FIDUCIARY DUTY TO THE PRINCIPAL. YOU MUST ACT IN GOOD FAITH, WITHIN THE SCOPE OF THE AUTHORITY GRANTED, AND IN THE PRINCIPAL’S BEST INTEREST. YOU MUST KEEP ACCURATE RECORDS OF ALL TRANSACTIONS.

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II. PARTIES & RECITALS

1. PRINCIPAL: [Full Legal Name of Principal], an individual residing at [Principal Address, City, State, Zip], hereafter referred to as the "Principal."

2. AGENT (MANDATARY): [Full Legal Name of Agent], an individual residing at [Agent Address, City, State, Zip], hereafter referred to as the "Agent."

3. SUCCESSOR AGENT (OPTIONAL): If the Agent is unable or unwilling to serve, [Full Legal Name of Successor Agent], residing at [Successor Agent Address], is hereby appointed as Successor Agent with the same powers.

4. RECITALS: The Principal desires to appoint the Agent to manage the Principal's affairs and property as authorized under the Louisiana Civil Code and the Louisiana Uniform Power of Attorney Act. This Mandate is intended to be durable and shall not be affected by the subsequent disability or incapacity of the Principal.

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III. OPERATIVE CLAUSES & GRANT OF AUTHORITY

1. GENERAL GRANT OF AUTHORITY

The Principal hereby grants to the Agent full power and authority to act on the Principal’s behalf with respect to all matters allowed under Louisiana law, including but not limited to the specific powers enumerated below. The Agent is authorized to execute any document, contract, or instrument necessary to effectuate these powers.

2. REAL ESTATE MATTERS (LA. CIV. CODE ART. 2985)

The Agent is authorized to: buy, sell, lease, mortgage, encumber, partition, exchange, or otherwise alienate or acquire any interest in real property (immovable property) owned by the Principal; to execute cash deeds, acts of sale, or mortgages; and to manage, repair, or improve any such property.

3. FINANCIAL & BANKING TRANSACTIONS

The Agent has the authority to: open, maintain, or close bank accounts; deposit and withdraw funds by check, wire, or electronic transfer; sign negotiable instruments; access safe deposit boxes; and application for credit or loans in the Principal's name.

4. TANGIBLE PERSONAL PROPERTY

The Agent may buy, sell, lease, or move any tangible personal property (movable property), including motor vehicles, household goods, and jewelry, and may exercise all rights with respect to such property.

5. STOCKS, BONDS, AND OTHER SECURITIES

The Agent is empowered to buy, sell, and exchange stocks, bonds, mutual funds, and all other types of securities; to vote proxies; and to exercise any options or rights related to such investments.

6. TAX MATTERS

The Agent is authorized to prepare, sign, and file all federal, state, and local tax returns (including IRS Form 2848); to represent the Principal before tax authorities; and to pay any taxes, penalties, or interest due.

7. CLAIMS AND LITIGATION

The Agent may institute, prosecute, defend, abandon, or settle any claim or litigation in which the Principal has an interest; to waive service of process; and to satisfy any judgment or decree.

8. RETIREMENT PLANS & INSURANCE

The Agent may exercise all rights regarding retirement plans, IRAs, and 401(k) accounts; to apply for, continue, or cancel insurance policies; and to designate or change beneficiaries (subject to the specific "Hot Powers" section below).

9. SPECIFIC "HOT POWERS" (MANDATORY EXPRESS AUTHORIZATION)

Pursuant to La. R.S. 9:3861, the Principal EXPLICITLY AUTHORIZES the Agent to perform the following acts (Initial all that apply):

• [____] Create, amend, revoke, or terminate an inter vivos trust.
• [____] Make a gift of the Principal's property (subject to fiduciary limits).
• [____] Create or change rights of survivorship.
• [____] Create or change a beneficiary designation.
• [____] Delegate authority granted under this power of attorney.
• [____] Waive the Principal’s right to be a beneficiary of a joint and survivor annuity.

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IV. COMPENSATION, REIMBURSEMENT, & TERM

1. COMPENSATION: The Agent [SHALL / SHALL NOT] be entitled to reasonable compensation for services rendered. If compensation is authorized, it shall be calculated at [Amount in USD] per hour or as a flat fee of [Amount in USD] per annum.

2. REIMBURSEMENT: The Agent is entitled to reimbursement for all reasonable out-of-pocket expenses actually incurred in the performance of duties under this Mandate.

3. TERM AND DURABILITY: This Power of Attorney is effective immediately as of the Effective Date. This Mandate is DURABLE; it shall not be terminated by the Principal’s subsequent incapacity, disability, or interdiction, except as provided by Louisiana law.

4. TERMINATION: This Mandate terminates upon: (a) the death of the Principal; (b) the resignation of the Agent; (c) the revocation by the Principal via written notice; or (d) the appointment of a permanent curator of the property of the Principal.

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V. MISCELLANEOUS PROVISIONS

1. INDEMNIFICATION: The Principal hereby agrees to indemnify and hold the Agent harmless from any and all liability for acts done in good faith within the scope of the authority granted herein.

2. SEVERABILITY: If any provision of this document is held to be invalid under Louisiana law, such invalidity shall not affect the other provisions which can be given effect without the invalid provision.

3. THIRD-PARTY RELIANCE: Any third party, including financial institutions, who receives a copy of this Mandate may act in reliance upon it. Revocation of this Mandate is not effective as to a third party until the third party has actual knowledge of the revocation.

4. GOVERNING LAW: This instrument is executed in the State of Louisiana and shall be governed by and construed in accordance with the laws of the State of Louisiana.

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VI. EXECUTION & FORMAL SIGNATURE BLOCKS (AUTHENTIC ACT)

IN WITNESS WHEREOF, the Principal has signed this Power of Attorney in the presence of the undersigned Notary Public and two competent witnesses on this [Day] day of [Month], 20[Year].

FOR THE PRINCIPAL:

Signature: _____________________________________
Printed Name: [Full Legal Name of Principal]
Date: [Date]

WITNESSES:

1. Signature: __________________________________
   Printed Name: _______________________________
   Address: ____________________________________

2. Signature: __________________________________
   Printed Name: _______________________________
   Address: ____________________________________

NOTARY PUBLIC ACKNOWLEDGMENT:

STATE OF LOUISIANA
PARISH OF [Parish Name]

On this _____ day of ___________, 20, before me, the undersigned authority, personally came and appeared [Full Legal Name of Principal], to me known to be the person who executed the foregoing instrument, and acknowledged to me that they executed the same as their free act and deed.

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NOTARY PUBLIC
Printed Name: __________________________________
Notary/Bar ID Number: __________________________
My Commission Expires: _________________________

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VII. AGENT’S ACCEPTANCE OF APPOINTMENT

I, [Full Legal Name of Agent], have read the foregoing Power of Attorney and am the person identified therein as the Agent (Mandatary). I hereby accept the appointment and assume the fiduciary duties inherent in this role.

Signature: _____________________________________
Printed Name: [Full Legal Name of Agent]
Date: [Date]

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VIII. STEP-BY-STEP EXECUTION & FILING GUIDE

1. Preparation: Open the document in Microsoft Word or Google Docs. Use the "Find and Replace" function to locate all bracketed fields (e.g., [Principal Full Legal Name]) and input the correct data.
2. Witness Selection: Ensure you have two (2) competent witnesses present. In Louisiana, witnesses must be at least 14 years old, of sound mind, and ideally, they should not be named as the Agent or have a direct financial interest in the Principal's estate.
3. Notarization (Authentic Act): For this document to be used for real estate (immovable property) transactions in Louisiana, it must be an "Authentic Act." This means it must be signed by the Principal in the presence of the Notary and the two witnesses simultaneously.
4. Initialing "Hot Powers": Ensure the Principal initials each specific power in Section III(9). Leaving these blank will mean the Agent lacks that specific authority under LA R.S. 9:3861.
5. Digital Signatures: While Louisiana has adopted the Uniform Electronic Transactions Act (UETA), many Parish Clerk of Court offices and financial institutions still require "wet ink" signatures for Powers of Attorney, especially for property transactions. Physical execution is highly recommended over DocuSign for this specific document.
6. Recordation: If the Agent intends to sell or mortgage real estate, the original (or a certified copy) must be filed in the conveyance or mortgage records of the Parish where the property is located.
7. Retention: The Principal and Agent should each keep an original. Provide certified copies to banks, investment firms, and the Principal's primary care physician.