Louisiana General Financial Power of Attorney Form
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A Louisiana general power of attorney is a document in which a person, the principal, names an agent to act on their behalf on the financial subjects the principal initials. The form calls the agent an attorney-in-fact. The first page warns that the powers are broad and that the document does not authorize health-care decisions. Download the free power of attorney Louisiana PDF below, or fill it out online first.
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A Louisiana general power of attorney is a mandate under the Louisiana Civil Code. Louisiana's law of representation and mandate is in Title XV of the Civil Code, beginning at Article 2985.[6] The person who gives the authority is the principal, and the person who receives it is the mandatary.[3] The form uses the more familiar words agent and attorney-in-fact for the mandatary.
No particular form. The contract of mandate is not required to be in any particular form.
Acts with a prescribed form. When the law prescribes a certain form for an act, a mandate authorizing that act must be in that form.
Other acts. A mandate authorizing any other act requires no particular form.[1]
Signing. Louisiana has no statute that sets a signature requirement for a general power of attorney. The FormsPal form has a signature line on page 4 and a notary acknowledgment on page 5.
Under La. Civ. Code art. 3001, the mandatary is bound to fulfill the mandate with prudence and diligence and is answerable to the principal for losses caused by the mandatary's failure to perform.[5]
How to Fill Out the Louisiana General Power of Attorney Form
The Louisiana general power of attorney form has five form pages and 41 fillable fields. Create it online with the builder above, or download the power of attorney Louisiana PDF. Then work through the pages in order: the principal and agent, the powers you grant, the effective and termination dates, the successor agent and the signature. The notary completes the last page.
The screenshots under each step show the FormsPal Louisiana general power of attorney template filled with sample entries in blue, so you can see where each answer goes. The names, addresses, dates and amounts are examples only.
Principal and agent details. On page 1, write your name and address, then your agent's name and address, in the appointment paragraph. The form calls the agent your attorney-in-fact.Step 1: sample entries, not a real document.
Initial the powers (A) through (K). On page 2, write your initials on the line before each power you are granting. The list runs from (A) Real property transactions to (K) Benefits from social security, medicare, medicaid, or other governmental programs. Leave a line blank to withhold that power.Step 2: sample entries, not a real document.
Initial (L), (M) or (N). Still on page 2, initial (L) Retirement plan transactions and (M) Tax matters if you want to grant them. To grant every power, initial (N) All of the powers listed above. The form says you need not initial any other line then. The three Special Instructions below are printed text with no blanks to fill in.Step 3: sample entries, not a real document.
Effective date. On page 3, the Effective Date block offers two lines, and you initial one of them. The second line has a blank for a date, which you write in with the year.Step 4: sample entries, not a real document.
Termination: written revocation. In the Termination Date block on page 3, the form says to initial one line. Initial the first line if the document should end when you have signed a written revocation.Step 5: sample entries, not a real document.
Termination: set date or incapacity. Or initial the line that ends the document on a date, and write in the date and year. The third choice ends it when you are determined to be incapacitated. The form defines incapacitated just below the lines, on pages 3 and 4. The definition covers a court finding that you are incompetent and a court appointment of a conservator or guardian for your estate. It also covers written certification by two physicians who are unrelated to you or to each other.Step 6: sample entries, not a real document.
Successor attorney-in-fact. On page 4, write the agent's name, then the alternate agent's name and address. The form allows the alternate to step in if the agent is unable or unwilling to serve. The paragraph on more than one agent above it is printed text with nothing to fill in.Step 7: sample entries, not a real document.
Date, sign and print your name. After "Signed this" on page 4, enter the day, month and year. Sign above the line marked (signature) and print your name above (printed name). The printed text above the date also says that all prior general powers of attorney you executed are revoked, so be sure you want that before you sign.Step 8: sample entries, not a real document.
Acknowledgment: county, date and names. On page 5, the notary or other officer completes the acknowledgment: the county, the date, the officer's name and title, and your name as the person who appeared. The certificate says the officer verifies only the identity of the person who signed, not the truthfulness, accuracy or validity of the document.Step 9: sample entries, not a real document.
Officer's signature and seal. The notary or officer signs the Signature line at the bottom of page 5 and adds the seal where the form shows (seal).Step 10: sample entries, not a real document.
How to Sign and Use the Louisiana General Power of Attorney
After you fill out the form, finish with signing and sharing it. The form prints a signature line on page 4 and a notary acknowledgment on page 5, so most people sign in front of a notary. Follow these steps in order.
Read every page: Check that the powers you initialed, the dates you chose and the names and addresses are the ones you want.
Sign and date: Sign and date page 4 and print your name. In practice, you take the signed form to a notary public or other officer.
Have the notary complete page 5: The notary fills in the acknowledgment, signs it and adds the seal.
Share copies: Give copies of the signed document to your agent. Also give copies to the banks and other institutions your agent will deal with.
Keep the original safe: Store the signed original in a safe place where you and your agent can find it.
A Louisiana general power of attorney does not last forever. Under the Civil Code, it ends on the death of the principal or the mandatary, and the principal can end it by revoking it. Check both before you rely on an old document or tell your agent that the authority has ended.
Death. Both the mandate and the authority of the mandatary end on the death of the principal or of the mandatary.[2]
Revocation. The principal may end the mandate and the authority of the mandatary at any time.[3]
Revoking is only half of the job. The principal must notify third persons with whom the mandatary was authorized to contract of the revocation of the mandate or of the mandatary's authority. If the principal does not, the principal remains bound by the obligations the mandatary has undertaken.[4]
Under La. Civ. Code art. 3026, the principal's incapacity does not terminate the mandate unless the parties agree otherwise.[7]
The form also has its own termination choices on page 3, which you initial when you fill it out. They are a signed written revocation, a set date, or a determination of incapacity as the form defines it. Read them before you sign, since they are part of the document your agent will rely on.
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Frequently Asked Questions
These short answers cover 4 common questions about the form of a mandate, how the principal can revoke it, who must be told of a revocation and what happens when the principal dies. The topics are:
Form of a mandate
Revoking a power of attorney
Death of the principal
Notice of revocation
Does a Louisiana power of attorney have to be in a particular form?
Not in general. A mandate is not required to be in any particular form. When the law prescribes a certain form for an act, a mandate authorizing that act must be in that form.[1]
Can the principal cancel a Louisiana power of attorney?
Yes. The principal may terminate the mandate and the authority of the mandatary at any time.[3]
What happens to a Louisiana power of attorney when the principal dies?
It ends. Both the mandate and the authority of the mandatary terminate upon the death of the principal or of the mandatary.[2]
Do you have to tell others when you revoke a Louisiana power of attorney?
Yes. The principal must notify third persons with whom the mandatary was authorized to contract of the revocation of the mandate or of the mandatary's authority. If the principal fails to do so, the principal remains bound by the obligations the mandatary has undertaken.[4]
Mara has been practicing estate planning and trust law in California since 2003, taking pride in helping clients of all backgrounds and asset profiles form a complete and customized estate plan. Her specialties are: estate planning, wills and trusts, trust and probate administration.