How to Get Power of Attorney in Louisiana
How do I give someone power of attorney in Louisiana?
Planning for the future means making sure the people you trust can act on your behalf if you ever can’t. In Louisiana, one of the most important legal tools for that is a Power of Attorney (POA), known officially as a mandate. Whether you’re managing property, finances, or healthcare decisions, understanding how to get Power of Attorney in Louisiana ensures your wishes are carried out even when you’re unable to make them yourself.
At Bloom Legal Network, we guide families and individuals throughout New Orleans, Metairie, Jefferson Parish, and Southeast Louisiana through the process of creating and understanding Power of Attorney documents. This comprehensive guide will show you exactly what you need to know about how to get Power of Attorney in Louisiana — and why choosing the right person matters as much as the document itself.
What Is a Power of Attorney (Mandate) in Louisiana?
A Power of Attorney, or mandate under the Louisiana Civil Code, is a legal document that gives someone else (the “agent” or “mandatary”) the legal authority to make decisions or act on your behalf (the “principal”).
This can cover a wide range of essential matters, from managing your bank accounts and property to making medical decisions or signing legal documents for you. The authority can be broad or limited, temporary or lasting, depending on your specific needs.
Bloom Legal Network can help you prepare a valid, customized Power of Attorney that reflects your needs and complies fully with Louisiana law.
Why Louisiana Law Is Unique
Louisiana’s legal system is based on Civil Law, not the Common Law used in the other 49 states. This means the state has its own specific definitions, formalities, and rules for documents like successions, donations, and mandates. Because of this unique foundation, using generic, non-Louisiana-specific forms found online is risky and often leads to an invalid or unenforceable document.
If you live in New Orleans, St. Charles Parish, or Metairie, and you want your Power of Attorney to hold up in court, with financial institutions, and with healthcare providers, it must be drafted correctly and notarized according to Louisiana’s specific legal requirements.
Types of Power of Attorney in Louisiana and What They Cover
Louisiana recognizes several key types of mandates, depending on the level of control you want to grant and the specific circumstances under which the powers apply. Choosing the right one is critical to your estate plan.
| Type of Mandate | Common Name | Key Purpose | When It Stops Being Effective |
| General Power of Attorney | General Mandate | Grants broad authority for financial and legal matters. | Typically ends upon the principal’s incapacitation or death. |
| Limited Power of Attorney | Special Mandate | Grants authority only for specific tasks (e.g., selling a car, signing a contract). | Ends once the specific task is completed or the time expires. |
| Durable Power of Attorney | Durable Mandate | Remains in effect even if you become incapacitated or mentally disabled. | Ends only upon the death of the principal. |
| Medical Power of Attorney | Healthcare Mandate | Allows someone to make medical decisions on your behalf if you are unable. | Ends upon recovery or death of the principal. |
At Bloom Legal Network, we help you determine which type of Power of Attorney fits your situation — whether you’re planning for aging parents, managing a succession, or setting up long-term business protections.
The Power of the Durable Mandate
A Durable Power of Attorney is the cornerstone of most comprehensive estate plans. Without durable language, a General Power of Attorney automatically ends the moment you lose the capacity to make your own decisions. This is precisely when your family needs the authority most.
If you become incapacitated without a valid Durable Power of Attorney, your loved ones may have to petition a court for interdiction (Louisiana’s version of a conservatorship). This process is lengthy, expensive (often costing thousands of dollars), emotionally difficult, and removes private decision-making from your family and places it in the public court system. A Durable POA is the simplest way to avoid this expensive legal nightmare.
How to Get Power of Attorney in Louisiana: The 5-Step Process
Creating a legally sound mandate in Louisiana requires careful attention to detail. Follow these five steps to ensure your Power of Attorney is valid and enforceable:
Step 1: Decide on the Scope of Authority (General vs. Limited)
Think carefully about what specific powers your mandatary will have. Do you need them to:
- Manage real estate transactions?
- Handle bank accounts and investments?
- Pay bills and taxes?
- Make healthcare decisions (requires a separate or specific clause)?
The more clearly you define these powers in the document, the less room there is for confusion or dispute later.
Step 2: Choose and Confirm Your Mandatary (Agent)
Your agent is legally required to act in your best interest. This should be someone you deeply trust—often a spouse, adult child, or close friend. You should always choose a trustworthy backup agent (successor mandatary) in case your first choice is unable to serve.
Step 3: Draft the Louisiana-Compliant Document
This is the most critical step. In Louisiana, a Power of Attorney must be in writing. Generic forms found online often miss important state-specific language and provisions unique to Louisiana Civil Law, which can make the document invalid or unenforceable. The language must specifically comply with state statutes on mandates and notarial acts.
Step 4: Sign, Notarize, and Witness the Mandate
For a Power of Attorney to be valid in Louisiana, the principal must sign it before a notary public.
- Notarization is mandatory: A notary public must officially verify your signature.
- Witnesses may be required: Some documents, particularly those dealing with the transfer of immovable property (real estate) or healthcare mandates, require two competent witnesses in addition to the notary.
Step 5: Provide Copies and Secure the Original
Make sure your mandatary, successor mandatary, family members, and attorney have copies. The original document is a vital legal record. Keep it in a secure, fireproof, and accessible place where your mandatary can easily retrieve it when needed.
Why Power of Attorney is Crucial for Louisiana Succession Planning
In Louisiana, Trust and Estates Law is often referred to as Successions and Donations, and the Power of Attorney plays a foundational role in both.
The Cost of Waiting: The primary reason a POA is so crucial is that it prevents the need for court intervention. As mentioned, the court process of interdiction—where a judge declares a person incapacitated and appoints a legal guardian—can easily cost a family $5,000 to $10,000 or more in attorney and court fees.
A properly executed Power of Attorney ensures that:
- Your Finances and Property Remain Protected: Bills get paid, assets are managed, and investments are handled without a court order.
- Your Healthcare Choices Are Respected: Your chosen agent can communicate your wishes to doctors, honoring your autonomy.
- Your Loved Ones Avoid Unnecessary Legal Hurdles: They are granted the legal authority they need during an already difficult time.
If you live in Jefferson Parish, St. Tammany Parish, or anywhere else in Southeast Louisiana, setting up these documents now is the most responsible way to spare your family from massive legal stress and financial strain later.
Bloom Legal Network works with clients across Southeast Louisiana to ensure every part of their estate plan — from wills and successions to powers of attorney and donations — is valid, personalized, and secure.
Common Mistakes When Trying to Get Power of Attorney in Louisiana
The goal of a mandate is to simplify a difficult situation, but a common error can make things worse. Avoid these pitfalls when creating your Power of Attorney:
- Using a Generic Online Form: This is the single biggest mistake. Louisiana’s Civil Law is different. A form valid in Texas or Florida will likely fail to meet Louisiana’s specific notarization and property transfer requirements.
- Failing to Include Durable Language: If your POA isn’t explicitly “durable,” it legally ends the moment you become incapacitated. This defeats the primary purpose of the document.
- Forgetting Successor Agents: If your first-choice agent is unavailable, sick, or dies, the entire POA is useless unless you named backups.
- Improper Execution (Signing and Notarization): Failure to use the correct number of witnesses for certain powers, or an incorrect notarial certificate, can invalidate the entire document in the eyes of a bank or court.
- Not Updating After Major Life Events: Divorce, the birth of a child, a move, or a major new asset (like property) all necessitate reviewing and likely updating your Power of Attorney.
By working with an experienced legal team like Bloom Legal Network, you can avoid these pitfalls and ensure your POA is legally sound and enforceable.
The Bloom Legal Network Approach to Louisiana Mandates
At Bloom Legal Network, we’re a full-service law firm backed by a trusted network of attorneys who handle estate planning, successions, and donations throughout New Orleans and Southeast Louisiana.
We don’t just fill out a form; we take the time to understand your unique family and financial goals, explain every option clearly, and ensure your Power of Attorney fits seamlessly into your larger estate plan (including your Will and Living Will). We specialize in crafting customized, fully compliant documents that protect your interests.
We handle all the drafting and verification details — coordinating with notaries and witnesses to ensure your Power of Attorney complies with Louisiana’s strict Civil Law requirements and truly protects your interests.
Ready to Secure Your Future?
If you’re ready to secure your future and give someone you trust the legal authority to act on your behalf, we can help you take that step with confidence.
Contact Bloom Legal Network today for a personalized consultation. Start creating a Power of Attorney that gives you peace of mind — and gives your loved ones clarity when it matters most.
Call us: 504-599-9997
Email us: info@bloomlegal.com
FAQs About How to Get Power of Attorney in Louisiana
1. Can I get Power of Attorney without a lawyer in Louisiana?
Technically, yes—but it’s highly risky. Louisiana’s laws for mandates and notarial documents are strict. A small error in the specific language (especially durable language) or the execution (signing/witnessing) can invalidate the document, leaving your loved ones unable to act when needed. Having an experienced attorney ensures your Power of Attorney meets all legal requirements and truly reflects your wishes.
2. How long does a Power of Attorney last in Louisiana?
That depends entirely on how it’s written. A non-durable General Power of Attorney ends if the principal becomes incapacitated or dies. However, a Durable Power of Attorney (Durable Mandate) remains valid during incapacity, only ending upon the principal’s death. Some documents are written for a specific task or time frame. An experienced Louisiana attorney can help you decide which version best fits your needs.
3. What is the difference between an agent/mandatary and an executor in Louisiana?
A Mandatary (agent under a Power of Attorney) acts on your behalf while you are alive. Their authority ends upon your death. An Executor (or “Testamentary Executor”) is the person named in your Will who is legally responsible for managing your estate and distributing assets after your death (the Succession process). Both are key roles, but their authority operates at different times.
