Financial Power of Attorney - Louisiana

LOUISIANA FINANCIAL MANDATE

(Power of Attorney)

Important Information

A Louisiana mandate is a contract by which the Principal gives a Mandatary authority to transact one or more affairs for the Principal. Louisiana Civil Code article 2989 uses the terms “principal” and “mandatary”; this document uses those terms.

This is a financial mandate only. It grants no health-care authority and no authority to prevent or limit the Principal's communication, visitation, or interaction with another person.

Louisiana Civil Code article 2993 does not require every mandate to use one form, but when the law prescribes a form for an authorized act, the mandate authorizing that act must use that form. Because this document may authorize transactions requiring heightened form, it is drafted for execution as an authentic act before a notary and two witnesses under Civil Code article 1833.

This mandate is durable by default. Under Civil Code article 3026, the Principal's incapacity, disability, or other condition making express revocation impossible or impractical does not terminate the mandate or the Mandatary's authority unless the parties agree otherwise.

Choose a Mandatary you trust. Initial only powers you intend to grant. Obtain Louisiana legal, tax, benefits, and estate-planning advice before granting donation, succession, borrowing, surety, negotiable-instrument, compromise, arbitration, trust, beneficiary, or self-interested authority.

1. Principal and Mandatary

I, [PRINCIPAL FULL LEGAL NAME], whose domicile and address are [DOMICILE AND ADDRESS], appoint:

Mandatary: [MANDATARY FULL LEGAL NAME]

Address: [ADDRESS]

Telephone and Email: [CONTACT INFORMATION]

to act for me only within the authority expressly granted by this mandate.

By signing the acceptance below, the Mandatary accepts this mandate and agrees to perform it according to its terms and Louisiana law.

2. Successor Mandataries

If the Mandatary resigns, dies, is interdicted, declines to act, or otherwise ceases to have authority, I appoint:

First Successor Mandatary: [NAME, ADDRESS, TELEPHONE, EMAIL]

If that person does not serve or ceases to serve, I appoint:

Second Successor Mandatary: [NAME, ADDRESS, TELEPHONE, EMAIL]

Only one Mandatary serves at a time. A successor has the authority granted by this document only after every predecessor has ceased serving.

3. Effective Date

Choose one:

☐ This mandate and the Mandatary's authority are effective when this authentic act is executed and accepted.

☐ This mandate is executed now, but the Mandatary's authority becomes effective only upon this event or condition:

[DESCRIBE THE EVENT OR CONDITION PRECISELY]

The following person or persons shall determine in a signed writing that the event or condition occurred:

[NAME, CAPACITY, CONTACT INFORMATION, REQUIRED EVIDENCE, AND DECISION METHOD]

Louisiana mandate law does not supply the two-physician definition that appeared in the prior draft. A springing mandate must be customized so that the event, decision maker, evidence, access to information, and method of resolving disagreement are workable and precise.

4. Durability

This mandate and the Mandatary's authority are not terminated by my incapacity, disability, or other condition that makes an express revocation impossible or impractical.

Qualification of a curator after my interdiction terminates the mandate and the Mandatary's authority under Civil Code article 3024. Incapacity alone and qualification of a curator are different events.

5. Express General Financial Authority

For each initialed subject, I expressly authorize my Mandatary to perform the listed acts for my account, subject to Sections 6 and 7 and applicable law. An uninitialed subject is withheld.

Civil Code article 2996 requires express authority to alienate, acquire, encumber, or lease a thing. Initials in this section are intended to provide express authority only for the precise initialed subject.

Under Civil Code article 2995, authority includes acts incidental to or necessary for performance, but incidental authority does not replace an express grant that article 2996, article 2997, this document, or another law requires.

6. Powers Requiring Separate Express Authority

The Mandatary has none of the following authority unless I initial the specific line and complete every required detail. Civil Code article 2997 requires express authority for these acts.

A donation inter vivos generally must itself be made by authentic act under Civil Code article 1541. Initialing donation authority does not eliminate the required form for a later donation.

This section does not create an arbitration agreement between the Principal and Mandatary and does not require internal disputes about this mandate to be arbitrated.

7. Withheld and Additional High-Impact Authority

Unless precise language drafted or approved by a Louisiana attorney is inserted below, this mandate does not authorize the Mandatary to:

1. make, amend, revoke, or execute a testament for me;
2. create, amend, revoke, or terminate a trust;
3. create or change a beneficiary designation, survivorship arrangement, or payable-on-death designation;
4. waive survivor rights under a retirement plan or annuity;
5. contract with the Mandatary personally, make a donation to the Mandatary, forgive the Mandatary's debt, or otherwise transfer my property for the Mandatary's benefit;
6. prevent or limit communication, visitation, or interaction between me and another person;
7. make health-care decisions; or
8. appoint a substitute Mandatary, except for the emergency authority supplied by Civil Code article 3006.

Additional authority and exact limits, if any:

[____________________________________________________________]

[____________________________________________________________]

[____________________________________________________________]

Civil Code article 3006 generally requires the Mandatary to fulfill the mandate personally. If my interests require it, unforeseen circumstances prevent performance, and the Mandatary cannot communicate with me, that article permits appointment of a substitute. Liability for a substitute is governed by Civil Code article 3007.

8. Duties, Information, Accounting, and Liability

The Mandatary who accepts this mandate shall:

1. fulfill it with prudence and diligence;
2. act only within granted authority and comply with every limit;
3. provide information and render an account at my request or when circumstances require;
4. notify me without delay when the mandate has been fulfilled;
5. deliver to me everything received by virtue of the mandate, including anything received unduly;
6. keep records sufficient to explain receipts, disbursements, transactions, property held, and performance; and
7. keep my property identifiable and separate from the Mandatary's property.

These duties reflect Civil Code articles 3001, 3003, and 3004. The statute does not impose the fixed 30-day response deadline or automatic annual accounting that appeared in the prior draft.

A Mandatary who exceeds authority or fails to perform is answerable for resulting loss under Civil Code articles 3001 and 3008. When a mandate is gratuitous, article 3002 permits a court to reduce the amount of loss for which the Mandatary is liable. This document creates no contractual liability cap, Principal indemnity, mandatory insurance requirement, force-majeure release, cure period, or prevailing-party fee clause.

Upon termination, the Mandatary must account for performance unless that obligation was expressly dispensed with. This mandate does not dispense with it. See Civil Code article 3032.

9. Compensation and Reimbursement

A Louisiana mandate is gratuitous in the absence of contrary agreement under Civil Code article 2992. Choose one:

☐ The Mandatary shall serve without compensation.

☐ The Mandatary is entitled to compensation as follows: [RATE, FORMULA, FREQUENCY, APPROVAL, AND LIMITS].

☐ The Mandatary is entitled to reasonable compensation determined as follows: [OBJECTIVE METHOD AND LIMITS].

The Principal shall reimburse expenses and charges properly incurred in performance as provided by Civil Code article 3012. The Mandatary's right of retention for expenses and remuneration is governed by Civil Code article 3004.

10. Revocation and Termination

This is a revocable personal financial mandate. I may terminate the mandate and the Mandatary's authority at any time under Civil Code article 3025.

Choose one concerning earlier instruments:

☐ I do not revoke an earlier mandate or procuration by this document.

☐ I revoke only the following earlier mandate or procuration: [DATE, MANDATARY, NOTARY, RECORDING INFORMATION, AND SCOPE].

☐ I revoke all earlier mandates and procurations concerning the financial subjects granted in this document, except: [IDENTIFY PRESERVED INSTRUMENTS].

A revocation or modification of a recorded mandate is ineffective against persons entitled to rely on the public records until it is filed for recordation. I must notify third persons with whom the Mandatary was authorized to contract of revocation; otherwise, Civil Code article 3028 may bind me to obligations the Mandatary undertakes.

In addition to other contractual causes, the mandate and authority terminate upon:

1. my death or the Mandatary's death;
2. interdiction of the Mandatary;
3. qualification of my curator after my interdiction;
4. my termination of the mandate or authority; or
5. the Mandatary's effective resignation or renunciation.

If the Mandatary reasonably believes that I lack capacity, resignation is effective only after the notice required by Civil Code article 3029 to another Mandatary, a designated successor, or, if neither exists, a person with sufficient interest in my welfare.

If the Mandatary does not know that the mandate or authority terminated and contracts with a third person in good faith, Civil Code article 3031 makes the contract enforceable. At my death, the Mandatary must complete an undertaking already commenced if delay would cause injury, as provided by article 3030.

11. Judicial Review and Relief

Louisiana R.S. 9:3851 permits specified persons, when no curator with appropriate authority has qualified, to petition on the Principal's behalf for review of a Mandatary's acts. The statute determines who may file, required parties and service, and venue.

Under R.S. 9:3854, a court that finds a duty violation or failure to perform may grant relief to which the Principal is entitled and enjoin some or all granted powers. While the action is pending, the court may order an accounting, authorize discovery, issue an injunction, and take other statutory measures.

This mandate imposes no exclusive forum, mandatory arbitration of internal disputes, or pre-dispute jury waiver.

12. Special Instructions and Limitations

[____________________________________________________________]

[____________________________________________________________]

[____________________________________________________________]

[____________________________________________________________]

13. Authentic-Act Execution

Civil Code article 1833 defines an authentic act as a writing executed before a notary or other authorized officer in the presence of two witnesses and signed by each executing party, each witness, and each notary. Put the typed or hand-printed name immediately beneath each signature.

The Principal and Mandatary should execute and accept this document before the notary and witnesses. A Louisiana attorney and notary should confirm recordation and transaction-specific form requirements before use.

Principal

Principal's Signature: ______________________________________

Typed or Printed Name: [PRINCIPAL NAME]

Date: [DATE]

Mandatary Acceptance

I accept this mandate and agree to perform it according to its terms and Louisiana law.

Mandatary's Signature: ______________________________________

Typed or Printed Name: [MANDATARY NAME]

Date: [DATE]

Witnesses

Witness 1 Signature: ______________________________________

Typed or Printed Name: [WITNESS 1 NAME]

Address: [ADDRESS]

Witness 2 Signature: ______________________________________

Typed or Printed Name: [WITNESS 2 NAME]

Address: [ADDRESS]

Notary

STATE OF LOUISIANA

PARISH OF [PARISH]

On [DATE], before me, the undersigned notary public, and in the presence of the two competent witnesses identified above, personally appeared [PRINCIPAL NAME] and [MANDATARY NAME], who signed this instrument after declaring it to be their free act and deed.

Notary Public's Signature: ______________________________________

Typed or Printed Name: [NOTARY NAME]

Notary Identification or Bar Number: [NUMBER]

Commission: [LIFETIME OR EXPIRATION, AS APPLICABLE]

Seal

Sources and References

• Louisiana State Legislature, Civil Code article 1833, authentic act: https://www.legis.la.gov/legis/Law.aspx?d=109072
• Louisiana State Legislature, Civil Code article 1541, form of donations inter vivos: https://www.legis.la.gov/legis/Law.aspx?d=108864
• Louisiana State Legislature, Civil Code article 2989, mandate defined: https://legis.la.gov/Legis/Law.aspx?d=110025
• Louisiana State Legislature, Civil Code article 2992, gratuitous or onerous mandate: https://www.legis.la.gov/legis/Law.aspx?d=110029
• Louisiana State Legislature, Civil Code article 2993, form: https://legis.la.gov/legis/Law.aspx?d=110030
• Louisiana State Legislature, Civil Code articles 2995 to 2997, incidental and express authority: https://www.legis.la.gov/legis/Law.aspx?d=110032
• Louisiana State Legislature, Civil Code articles 3001 to 3008, duties, accounting, substitution, and liability: https://www.legis.la.gov/legis/Law.aspx?d=110041
• Louisiana State Legislature, Civil Code article 3012, reimbursement and remuneration: https://www.legis.la.gov/legis/Law.aspx?d=110053
• Louisiana State Legislature, Civil Code articles 3024 to 3032, termination and final accounting: https://www.legis.la.gov/legis/Law.aspx?d=110066
• Louisiana State Legislature, R.S. 9:3851, action to review acts of a Mandatary: https://legis.la.gov/legis/Law.aspx?d=918773
• Louisiana State Legislature, R.S. 9:3854, judicial relief: https://legis.la.gov/legis/Law.aspx?d=918781