Power of Attorney in Louisiana
What a Louisiana power of attorney needs to be valid — signing, witnesses, notary — and the official forms, plus health care directives.
Short answer: Louisiana treats a power of attorney as a 'mandate.' No particular form is required, but if the law requires a certain form for an act, the mandate authorizing it must be in that form. La. Civ. Code arts. 2989, 2993, 3024, 3025
| Financial power of attorney | Louisiana treats a power of attorney as a 'mandate.' No particular form is required, but if the law requires a certain form for an act, the mandate authorizing it must be in that form. A mandate ends on the death of the principal or the agent, the agent's interdiction, or once a curator qualifies after the principal is interdicted; the principal's incapacity alone does not end it. The principal may revoke it at any time. Louisiana has no statutory power of attorney form. Termination: https://legis.la.gov/legis/Law.aspx?d=110066; revocation: https://legis.la.gov/legis/Law.aspx?d=110067. |
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| Health care directive | Any adult may make a written declaration (living will) directing that life-sustaining procedures be withheld or withdrawn if he or she has a terminal and irreversible condition. It must be signed in the presence of two witnesses. The law provides an optional illustrative form, which may also name someone to make treatment decisions. Declarations may be registered with the Secretary of State and may be revoked at any time. Witness qualifications are set out in the same law; check them before signing. Revocation: https://legis.la.gov/legis/Law.aspx?d=964665. Source: La. R.S. 40:1151.2, 40:1151.3 |
| Official power of attorney forms | Louisiana has no statutory fill-in form for a financial power of attorney (called a mandate or procuration in Louisiana). A mandate is not required to be in any particular form, but when the law prescribes a form for an act, a mandate authorizing that act must be in that same form (Civil Code art. 2993). For end-of-life decisions, R.S. 40:1151.2 provides an optional illustrative "Declaration" (living will) form; a written declaration must be signed by the declarant in the presence of two witnesses, and an adult may also make an oral or nonverbal declaration before two witnesses after diagnosis of a terminal and irreversible condition. Living will declaration: https://legis.la.gov/legis/Law.aspx?d=964664 |
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FAQ
What are the requirements for a power of attorney in Louisiana?
Louisiana treats a power of attorney as a 'mandate.' No particular form is required, but if the law requires a certain form for an act, the mandate authorizing it must be in that form. A mandate ends on the death of the principal or the agent, the agent's interdiction, or once a curator qualifies after the principal is interdicted; the principal's incapacity alone does not end it. The principal may revoke it at any time.
What are the requirements for a health care directive in Louisiana?
Any adult may make a written declaration (living will) directing that life-sustaining procedures be withheld or withdrawn if he or she has a terminal and irreversible condition. It must be signed in the presence of two witnesses. The law provides an optional illustrative form, which may also name someone to make treatment decisions. Declarations may be registered with the Secretary of State and may be revoked at any time.
Where can I get a power of attorney form in Louisiana?
Louisiana has no statutory fill-in form for a financial power of attorney (called a mandate or procuration in Louisiana). A mandate is not required to be in any particular form, but when the law prescribes a form for an act, a mandate authorizing that act must be in that same form (Civil Code art. 2993). For end-of-life decisions, R.S. 40:1151.2 provides an optional illustrative "Declaration" (living will) form; a written declaration must be signed by the declarant in the presence of two witnesses, and an adult may also make an oral or nonverbal declaration before two witnesses after diagnosis of a terminal and irreversible condition.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.