Power of Attorney in Louisiana: What It Is and How to Sign One

TL;DR

• A power of attorney in Louisiana is called a mandate. It lets another person (the mandatary) act for you (the principal).

• When the document must be signed as an authentic act, you need a notary plus 2 separate witnesses. The notary cannot be 1 of the witnesses.

• Some powers, including health care decisions and donations, must be written into the document expressly.

• A Louisiana mandate keeps working if the principal becomes incapacitated, unless the document says otherwise.

• Bring valid government-issued photo ID and the unsigned document. Do not sign before your appointment.
  

Need a power of attorney in Louisiana? The process is simple once you know the rules. Louisiana law has its own name for this document, its own signing requirements, and a list of powers that must be spelled out in writing.

We prepare and notarize powers of attorney at our Goodwood Boulevard office, and our mobile notary comes to you by appointment. Below is what Louisiana law says, what to bring, and where a notary's role stops.

What Is a Power of Attorney in Louisiana?

A power of attorney in Louisiana is a written authority that lets another person act for you, and Louisiana law calls it a mandate. The Civil Code defines a mandate as “a contract by which a person, the principal, confers authority on another person, the mandatary, to transact one or more affairs for the principal.”

In plain terms:

• The principal is the person who gives the authority.

• The mandatary is the person who receives it. Other states call this person the agent or the attorney-in-fact.

• The mandate is the document itself. Most people simply call it a power of attorney, or a procuration.
  

Does a Power of Attorney Have to Be Notarized in Louisiana?

It depends on what the document authorizes. A mandate does not need any particular form on its own. However, when the law requires a certain form for an act, the mandate that authorizes that act must be in that same form.

Which form your document needs is a legal question, and an attorney can answer it. What we can tell you is how each notarized form is signed.

Authentic act

An authentic act is signed before a notary and 2 witnesses. Each party, each witness, and the notary signs it.

Act under private signature, acknowledged

Here the principal signs the document, then recognizes the signature as their own before a notary and 2 witnesses. The law adds that an acknowledged act cannot replace an authentic act when the law requires one.

Both forms call for 2 witnesses. The notary cannot be 1 of them. Louisiana requires the notary plus 2 separate witnesses.

Which Powers Must Be Stated Expressly in a Louisiana Power of Attorney?

Donations, successions, loans, negotiable instruments, settlements, health care decisions, and limits on family contact must all be written into the document expressly. A general grant of authority does not cover them. The Civil Code lists these acts as requiring express authority:

• Making a donation (a gift), including a gift to a trust

• Accepting or refusing a succession (an inheritance)

• Taking out a loan, forgiving a debt, or guaranteeing someone else's debt

• Signing or endorsing promissory notes and other negotiable instruments

• Settling a dispute or sending it to arbitration

• Making health care decisions, such as surgery, medical expenses, nursing home residency, and medication

• Limiting contact or visits between the principal and close relatives
  

This is why a Louisiana medical power of attorney must name health care decisions in writing. Which powers belong in your document is your decision. If you need advice on that choice, speak with an attorney before your appointment.

Power of attorney for a vehicle

We also prepare automobile mandates, a power of attorney for vehicle paperwork, as part of our tag and title services. All Parish Notary Service is a state-authorized Public Tag Agency.

What Happens If the Principal Becomes Incapacitated?

The power of attorney keeps working. In Louisiana, a mandate does not end because the principal becomes incapacitated or disabled, unless the document says otherwise. Other states call a power of attorney that continues through incapacity a “durable” power of attorney.

When Does a Power of Attorney End?

A Louisiana power of attorney ends at death, at revocation, or through interdiction.

• Death. The mandate ends at death of the principal or the mandatary.

• Revocation. The principal can revoke the mandate at any time. Some mandates can be made irrevocable when the parties agree and the purpose requires it.

• Interdiction. The mandate also ends if the mandatary is placed under interdiction, or when a curator qualifies after the principal is placed under interdiction. Interdiction is a court process that names someone to act for a person who cannot care for themselves.

If the mandate was recorded in the public records, a revocation does not count against people who rely on those records until the revocation is also recorded.

What to Bring to Your Power of Attorney Appointment

Walk-ins are welcome Monday through Friday, 9:00 a.m. to 5:00 p.m. No appointment needed. Bring:

• Valid government-issued photo ID for the principal. We cannot notarize without it. No exceptions.

• The unsigned document, if you already have one. Do not sign it at home. The notary must see the signature made in person.

• 2 witnesses. The notary cannot serve as a witness. If you cannot bring 2 witnesses, call us before you come.

• The full legal name of the mandatary as it should appear in the document.

• A written list of what the mandatary should be able to do. Include any power from the list above that must be stated expressly.
  

If the name on the ID does not match the name on the document, the signing cannot go ahead. Check both before you leave home.

Can a Notary Tell You Which Power of Attorney You Need?

No. A notary can prepare and notarize your power of attorney, but cannot advise which type you need or which powers to include.

Our notaries are Louisiana civil law notaries. That gives them broader authority than notaries in most other states: they can prepare documents and execute authentic acts. However, a civil law notary is not an attorney.

We can:

• Prepare a power of attorney from your instructions

• Verify the identity of the principal

• Notarize the signing as an authentic act or an acknowledged act

• Explain the signing procedure, including who must be present
  

We cannot:

• Tell you which type of power of attorney you need

• Advise you which powers to include or leave out

• Explain the legal consequences of signing
  

Those are legal questions, and an attorney answers them. The principal must also understand what they are signing. If the principal appears unable to understand the document, the notary cannot proceed.

If the principal is unable to sign their name, Louisiana law allows the notary to have them make their mark on an authentic act instead. Our notary service guide covers the other documents we handle.

Can a Mobile Notary Come to a Parent Who Cannot Travel?

Yes. Our mobile notary travels to the principal's location by appointment, Monday through Friday and on weekends.

The same rules apply at your location. The principal signs in person, with valid photo ID, before the notary and 2 witnesses. When you book, tell us whether 2 witnesses will be present.

Frequently Asked Questions

Does a power of attorney need to be notarized in Louisiana?

Not every mandate needs a particular form. When the act it authorizes requires a certain form, the mandate must be in that form. An attorney can tell you which form your document needs.

Can the notary be 1 of the 2 witnesses?

No. Louisiana requires the notary plus 2 separate witnesses.

Can I sign the document before my appointment?

No. The notary must see the principal sign in person. A document signed in advance means the appointment cannot go ahead as planned.

Does a Louisiana power of attorney end if the principal becomes incapacitated?

Not unless the document says so.

Can a notary tell me which power of attorney I need?

No. That is legal advice, and civil law notaries are not attorneys. We explain the signing procedure. An attorney advises on the content.

Get Your Power of Attorney Notarized in Baton Rouge

All Parish Notary Service has served Baton Rouge from the same location since 1987. A notary is on duty whenever the office is open, and no appointment is needed for weekday office visits.

• Address: 8220 Goodwood Blvd, Ste 1B, Baton Rouge, LA 70806

• Phone: (225) 926-4320

• Office hours: Monday through Friday, 9:00 a.m. to 5:00 p.m. Walk-ins welcome.

• Saturday: mobile notary and private appointments only. We also provide mobile notary during weekdays.

• Sunday: mobile notary by appointment.
  

See our full list of notary services, or request a quote.

All Parish Notary Service is a notary service, not a law firm. This article explains procedure and quotes Louisiana law. It is not legal advice.