Louisiana Power of Attorney (Mandate) Requirements

Louisiana requirements

• Louisiana has not adopted the Uniform Power of Attorney Act; mandates and procurations are governed by the Civil Code.
• Civil Code article 2993 states the contract of mandate is not required to be in any particular form, so no witnesses or notary are required for a general mandate as such.
• Article 2993 adds that when the law prescribes a certain form for an act, a mandate authorizing that act must be in that same form. Acts that must be in authentic form need the mandate executed the same way, before a notary and witnesses.
• Certain powers, such as authority to alienate, acquire, encumber, or lease property, must be given expressly (Civil Code articles 2996 and 2997).
• Incapacity alone does not end a mandate. Under Civil Code article 3024 the mandate terminates at death of either party, interdiction of the mandatary, or qualification of a curator after interdiction of the principal.
• Many Louisiana banks, clerks of court, and title offices expect a mandate signed before a notary and two witnesses, so executing in authentic form is the practical standard; confirm with the institution that will accept the document.

Frequently asked questions

Does a Louisiana power of attorney need to be notarized?

Not for a general mandate, since Civil Code article 2993 imposes no particular form. But if the act you are authorizing must itself be in a particular form, such as an authentic act before a notary, the mandate must match that form, and most institutions expect a notarized document with witnesses anyway.

Does a Louisiana mandate survive incapacity like a durable power of attorney?

In general yes. The Civil Code does not end a mandate at incapacity; under article 3024 it ends at death, interdiction of the agent, or when a curator qualifies after the principal is interdicted. Express terms in the document can change this.

Official sources

• https://legis.la.gov/legis/Law.aspx?d=110030
• https://legis.la.gov/legis/Law.aspx?d=110066