Power of Attorney Acceptance and Refusal Rules in Louisiana
At a glance
| Covered power and recipient | Banking reliance rule covers federally insured institutions and sufficient powers, procurations or mandates (§ 6:311.1(A)(1)); mandate defined in art. 2989. |
|---|---|
| What starts the response duty | Original or certified true copy sufficient for deposit funds or safe-deposit access (§ 6:311.1(A)(1)). |
| Initial response time | No response deadline in banking reliance provision; it permits reliance after qualifying presentment (§ 6:311.1(A)(1)). |
| Permitted supporting requests | No agent-certification, translation or opinion request procedure in banking reliance provision (§ 6:311.1(A)). |
| Time after a request or reply | No later response period stated in banking reliance provision (§ 6:311.1(A)). |
| Written rejection and recipients | Written revocation, modification or termination notice to an officer limits reliance (§ 6:311.1(A)). |
| Stated reasons to refuse | Provision states when institution may rely, not a list of grounds for refusing (§ 6:311.1(A)). |
| Court order and costs | No refusal order or fee remedy in banking reliance provision; it protects pre-notice transactions (§ 6:311.1(B)). |
Banking reliance and ordinary mandate
Louisiana defines a mandate as a contract authorizing a mandatary to transact affairs for the principal (La. Civ. Code art. 2989). The contract ordinarily needs no particular form, though a mandate for an act with a legally prescribed form must use that form (art. 2993).
For deposit accounts, certificates of deposit, other funds on deposit, and safe-deposit access, La. R.S. § 6:311.1(A)(1) permits a federally insured financial institution to rely on a sufficient original or certified true copy of a power of attorney, procuration or mandate. The section gives no numbered response deadline, document-request sequence, written refusal notice, refusal grounds or remedy for declining the instrument. Its stated rule is permission to rely in the covered setting.
What trips people up
The protection changes after an officer receives written notice of revocation, modification or termination and the institution has had a reasonable opportunity to act. “Written notice” includes a court order or another writing indicating the change (§ 6:311.1(A)(1)-(2)). The institution is not liable for an agent’s transactions before it receives that notice and has time to act (§ 6:311.1(B)).
Common questions
Does presenting an original start a seven-day acceptance clock? Section 6:311.1 requires an original or certified true copy for its reliance rule, but states no such clock.
Is every recipient covered by the bank provision? No. Section 6:311.1(A)(1) names federally insured financial institutions and specified deposit or safe-deposit authority.
Statutes and sources
Current Louisiana Legislature text, accessed October 4, 2026.
La. R.S. § 6:311.1. “A.(1) Notwithstanding any provision of law to the contrary, any federally insured financial institution presented with an original or certified true copy of a power of attorney, procuration, or mandate that is sufficient to authorize the named agent, representative, or mandatary to transact business in a deposit account, with a certificate of deposit, or with other funds on deposit, or sufficient to authorize access to a safe deposit box, may rely on the authority designated in the power of attorney, procuration, or mandate as being in full force and effect, unless an officer of the federally insured financial institution receives written notice that the power of attorney, procuration, or mandate has been revoked, modified, or terminated, and the institution has had reasonable opportunity to act on it. (2) For the purposes of this Section, "written notice" shall mean a court order or other writing indicating that the power of attorney, procuration, or mandate has been revoked, modified, or terminated, including a termination pursuant to Civil Code Article 3024. B. A federally insured financial institution shall not be liable for transactions or activity by an agent, representative, or mandatary occurring prior to the receipt of written notice and a reasonable opportunity to act on it.” Official statute (accessed October 4, 2026).
La. Civ. Code art. 2989. “A mandate is a contract by which a person, the principal, confers authority on another person, the mandatary, to transact one or more affairs for the principal.” Official statute (accessed October 4, 2026).
La. Civ. Code art. 2993. “The contract of mandate is not required to be in any particular form. Nevertheless, when the law prescribes a certain form for an act, a mandate authorizing the act must be in that form.” Official statute (accessed October 4, 2026).
Source links
Every statute quoted above, linked, with the date we checked it.
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