The Power of Attorney Law in the State of Louisiana

Various types of power of attorney exist in Louisiana. Military power of attorney protects military personnel. Power of attorney related to civilians is known as contracts of mandate. Power of attorney related to medical procedures, while a person is incapacitated, is known as a durable power of attorney.

Military Power of Attorney

Louisiana Civil Code Section Title 9, Section 3887 ensures that military personnel are able to choose who would be given power of attorney if they are not present to make legal decisions. Financial institutions are obligated by law to honor a military member's choice of agent for power of attorney, according to Justia.

Mandate

Power of attorney contracts for nonmilitary civilians are known as mandates in Louisiana. Generally, a contract of mandate is not required to be in any particular form, according to LSU Law Center; however, specific mandate forms may be required for specific items or purposes. For example, if a transfer of real estate normally requires a notarized document, then a mandate involving control of real estate will require notarization as well.

Durable Power of Attorney

Durable power of attorney pertains to medical decisions made on behalf of a person who has become incapacitated. This gives authority to a specific individual to decide whether or not to begin or discontinue any medical procedures, including artificial life support, according to FindLaw. In Louisiana, the declarant can revoke a durable power of attorney, regardless of mental state or competency.

References

• LSU Law Center: Louisiana Mandates - (Power of Attorney)
• FindLaw: Louisiana Durable Power of Attorney Laws
• Justia: RS 9:3886 -- Application of Power of Attorney to All or Portion of Property of Principal
• Justia: RS 9:3887 -- Acceptance of Military Power of Attorney
• FindLaw: Explanation of Chart and More Information on Durable Power of Attorney Laws