Free Louisiana Durable Power of Attorney Form

The Louisiana durable power of attorney is a legal document that grants an individual (agent) the authority to make decisions and act on behalf of another person (principal). This authority continues even if the principal becomes incapacitated. The durable power of attorney can be tailored to grant broad or specific financial powers, such as managing bank accounts, paying bills, handling investments, and overseeing real estate transactions.

The principal can revoke the document anytime, provided they are mentally competent. Choosing a reliable and trustworthy agent is crucial, as they will have significant control over the principal’s financial matters. Depending on the terms specified in the document, the durable power of attorney can be effective immediately upon signing or only if the principal becomes incapacitated.

By the way, a durable power of attorney is limited solely to financial affairs. Consider other Louisiana POA forms if you require a document that includes healthcare decisions.

louisiana durable financial poa

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Louisiana Signing Requirements and Laws

In Louisiana, the term “mandate” refers to a legal arrangement where one party, the principal, grants another party, the mandatary, the authority to perform specific actions on their behalf. This concept is closely aligned with what is often referred to in other jurisdictions as a power of attorney. The rules governing mandates in Louisiana are primarily found in the Louisiana Civil Code, specifically Articles 2989 through 3034. The main aspects include:

  • A mandate may be verbal or in writing, depending on what the mandatary is being instructed to do. However, it must also be in writing when involving immovable property or transactions requiring written form by law.
  • A mandate can end in several ways, such as revocation by the principal, renunciation by the mandatary, death of either party or accomplishing the mandated task. Notably, unless otherwise stipulated, the mandate does not terminate if the principal becomes incapacitated.
  • The mandate must be signed by the principal for it to be enforceable. The notarization process ensures that the principal’s identity is verified and that they are signing the document willingly.

In practice, mandates are a foundational element of many legal, financial, and personal transactions in Louisiana, enabling people to legally delegate responsibilities when they are unable or prefer not to manage specific affairs themselves.

Louisiana Durable Power of Attorney Form Details

Document Name Louisiana Durable Power of Attorney Form
Other Names Louisiana Financial Durable Power of Attorney, LA DPOA
Relevant Laws Louisiana Civil Code, Article 2989
Signing Requirements Notary Public or Witnesses
Avg. Time to Fill Out 10 minutes
# of Fillable Fields 37
Available Formats Adobe PDF

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Steps to Complete the Form

Filling out a Louisiana durable power of attorney involves several steps to ensure that it accurately reflects your intentions and is legally binding. Here’s a detailed guide on how to complete the form.

1. Identifying the Principal and Agent

Start by entering your full name and current residential address at the beginning of the document where indicated. Following this, specify the name and address of the person you appoint as your attorney-in-fact (agent).

2. Granting Powers

You will see a list of powers with corresponding initial lines next to each. Decide which powers you want to grant to your agent. Then, initial next to each power you wish to grant. If you want to grant all listed powers, you only need to initial next to the option labeled “(N) ALL OF THE POWERS LISTED ABOVE.” If you choose this option, initialing any other lines is unnecessary.

3. Special Instructions

If you have any specific wishes or additional powers not listed to grant your agent, write these instructions in the “SPECIAL INSTRUCTIONS” section. It might include limitations or tasks you want your agent to carry out.

4. Effective Date

Choose when the power of attorney will become effective. Initial next to one of the three options provided: immediate effectiveness, effectiveness on a specified future date, or effectiveness upon your incapacitation. If choosing based on incapacitation, you may need to provide documentation from two physicians, as detailed in the form.

5. Designating Successor Agents

If you want to appoint a successor agent who will take over if your primary agent is unable to serve, provide the name and address of this individual in the designated section.

6. Signatures and Notarization

Once all sections are completed, you should sign and date the form while a notary is present. The notary will also sign and may apply their seal to the document, affirming that they have confirmed your identity and observed your signature.

Make several copies of the signed and notarized form. Provide one to your agent or any successor agents, and keep one for your records.

seal of louisianastate
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Published: Aug 8, 2024