Louisiana Power of Attorney — Types & How to Create

A Power of attorney (POA) is a legal document that lets you name someone — your agent — to make financial or legal decisions on your behalf. It is one of the most important estate planning documents because it is the only one that works while you are alive but unable to act for yourself §2997.

Without a POA, if you become incapacitated — from an accident, stroke, or illness — no one can automatically access your bank accounts, pay your bills, manage your investments, or sell your property. Your family would need to petition the court for a conservatorship, which is expensive, time-consuming, and public.

In Louisiana, a power of attorney is not durable by default §2997. You must include specific language stating the power survives your incapacity, or it will terminate when you need it most.

Powers of attorney in Louisiana are governed by Louisiana mandatary law (La. Civ. Code art. 2985 et seq.) §2997.

Louisiana uses the civilian concept of 'mandate' (La. Civ. Code art. 2985 et seq.). Certain powers must be given expressly in the mandate — including making an inter vivos donation, accepting or renouncing a succession, contracting a loan or becoming a surety, drawing or endorsing promissory notes and negotiable instruments, entering into a compromise or referring a matter to arbitration, and making health care decisions (La. Civ. Code art. 2997).

A broadly drafted financial POA authorizes your agent to:

• Access and manage bank and investment accounts
• Pay bills, taxes, and debts
• Buy, sell, or manage real estate
• Handle insurance claims and government benefits
• Make gifts (if the POA specifically authorizes it)
• Manage business interests

Your agent should be someone you trust completely with your finances. Consider naming a successor agent in case your first choice is unable or unwilling to serve. The agent has a legal duty to act in your best interest, keep records, and avoid mixing your assets with their own.