Could Louisiana public mental-health advocates notarize no-income affidavits for indigent patients without charging them?

Plain-English summary

Louisiana's Mental Health Advocacy Service asked whether its attorneys could notarize unemployment or no-income affidavits for indigent clients at Tyler Behavioral Health Clinic. The affidavits were needed for admission or intake into state mental-health services. In December 2016, the Attorney General concluded that the notary service was permitted as part of a social-welfare program aiding people in need.

The AG acknowledged the Louisiana Constitution's general prohibition on donating public things of value. It applied the exception allowing public funds for programs of social welfare for the aid and support of the needy. The opinion linked the notary work to the agency's statutory legal-advocacy role and said charging these clients for notarization would work against making the services accessible.

Currency note

This opinion was issued in 2016. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Could a state-employed advocate notarize a no-income affidavit for an indigent patient?

The AG said yes for the Tyler clinic setting described: the patient needed the affidavit to qualify for state mental-health services, and the assistance fell within the social-welfare exception.

Why was that not a prohibited public donation?

The opinion said the constitutional exception permitted public resources for social-welfare programs aiding people in need and treated this limited notary service as part of that assistance.

Did the opinion approve free notary service for anyone?

No. It addressed indigent clinic clients seeking affidavits of unemployment or no income for admission or intake into the mental-health system.

Background and statutory framework

The request asked whether a public attorney's notary work would violate the rule against donating public services. The opinion applied the constitutional social-welfare exception and the Mental Health Advocacy Service's statutory responsibility to provide legal counsel to patients seeking treatment under the mental-health chapter.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/16-0110

Original opinion text

State of Louisiana
DEPARTMENT OF JUSTICE
CIVIL DI VISION
P.O. BOX 94 005
BATON ROUGE
70804-9005
Jeff Landry .
Attorney Ge neral
DEC 08 2016
OPINION 16~0110
64-1-C Mental Health
Kathy Lynn Cook
Deputy General Counsel
La. Canst., art. VII, sec . 14(A) , 14(8)(1), La . R.S. 28:64(A)(2)
Louisiana Mental Health
If an attorney employed by Louisiana's Mental Health Advocacy
Advocacy Service
Services provides notary services so that an indigent patient at the
302 Dulles Drive Rm. U-47
Tyler Behavioral Health clinic may qualify for mental health services
offered by the State, it is not a prohibited dona tion of state services ,
Lafayette , LA 70506
because these services are provided under a program of social
welfare for the aid and support of the needy, which is specifically exce pted from this prohibit ion.
Dear Ms. Cook:

You requested an opinion of this office concerning the legality of providing notary services to indigent clients in order for these clients to qualify for admission and/or intake into the Louisiana Behavioral Health System. Specifically, you ask us to address whether attorneys working for Louisiana 's Mental Health Advocacy Service , a public entity , can provide notarized affidavits of unemployment or no outside income to indigent clients of the Tyler Behavioral Health Clinic without violating the State of Louisiana's prohibition on donating services, funds , or property belonging to the state .

Such prohibitions are outlined in the Louisiana Constitution in Article VII, Section 14 which states, in relevant part , "Except as otherwise provided by this constitution , the funds , credit, property, or things of value of the state or of any political subdivision shall not be loaned , pledged, or donated to or for any person , association , or corporation, public or private ."

However, the following section of that constitutional article outlines limitations on this prohibition , and states that "nothing in this Section shall prevent the use of public funds for programs of social welfare for the aid and support of the needy ." Further, pursuant to the enabling statute responsible for outlining the powers and responsibilities of the Mental Health Advocacy Service, agency attorneys are tasked with providing "legal counsel to all patients requesting such service and who are admitted for treatment pursuant to this Chapter, including , but not limited to, voluntary or involuntary admission , commitment, legal competency, change of status , transfer, and discharqe. "?

The underlying goal of the statute is to create and promote legal advocacy for indigent members of the population seeking mental health services, and to make these services acces sible to the population that is most in need of them. Because this statute provides for legal and mental health advocacy services for indigent citizens seeking

1
La. Canst. art. VII, sec. 14(A).
2 La. Canst. art. VII, sec. 14(8 )(1).
3 La. R.S. 28:64(A)(2).

Page 2

OPINION 16-0110
Deputy General Counsel Kathy Lynn Cook
Page 2

psychological or addictive disorder treatment , it is our opinion that the notary services to which you refer are properly classified as the type of program of social welfare for the aid and support of the needy described in La . Const. art VII , sec. 14(8)(1).

Requiring citizens who are seeking an affidavit establishing that they are unemployed or have no income to pay for notarization of such an affidavit would contravene the goal of lowering the barriers to receiving mental health services for the people who need it most. Therefore , it is the opinion of this office that when citizens are seeking an affidavit of unemployment or no income in order to avail themselves of services provided by the Mental Health Advocacy Service , such a situation falls squarely within the exception to the donation of services of value by a public entity provided in La. const. art VII , sec 14(8)(1) which allows the use of public funds for programs providing for the aid and 'support of the needy. If an attorney, employed by Louisiana 's Mental Health Advocacy Services provides notary services so that an indigent patient at the Tyler Behavioral Health Clinic may qualify for mental health services offered by the State, it is not a prohibited donation of State services , because these services are provided under a program of social welfare for the aid and support of the needy , which is specifically excepted from this prohibition.

We hope this sufficiently answers your inquiry; however, if we may be of further assistance please do not hesitate to contact our office .

Sincerely ,

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