A power of attorney is the process of one person, the principal, giving power to another person, the agent, to act on his behalf. In the state of Louisiana, a power of attorney can also be known as a mandate. Louisiana law requires specific mandates be assigned to the agent. These mandates should be stated in the power of attorney document.
The state of Louisiana requires all power of attorney forms be notarized, regardless if they will be executed in Louisiana or in another state. The agent must always keep the original notarized power of attorney form. The agent will have to present the original power of attorney form whenever conducting business on behalf of the principal. A copy of the power of attorney form will be accepted only if the certifying notary of the original document certifies that the copy is indeed a true copy.
Power of attorney can be used in many situations. However, the state of Louisiana requires that certain situations be specifically listed in the power of attorney document. If the principal is conveying power to the agent to lease, make a donation, accept or decline a succession, secure any type of promissory notes, pay a debt, pursue legal action or make medical decisions, each situation must be individually made known in the power of attorney document.
If the principal wants to convey all power to the agent, a general mandate can be secured. This will allow the agent to perform in any and all situations, with the exception of medical decisions, on behalf of the principal.
A medical mandate will be required if the principal wishes to give the agent the power to make medical decisions. A medical mandate is required in addition to a general mandate because a general mandate covers everything except medical decisions.
- Louisiana State Legislature
- “Power of Attorney Handbook”; Edward A. Hartman; 2006
- Louisiana Department of Public Safety Office of Motor Vehicles: Power of Attorney Mandate
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