Free Louisiana Power of Attorney (POA) Form

A Louisiana Power of Attorney allows you to grant authority to an Agent to handle your affairs and sign documents on your behalf. Find out how to get your customized form online now.

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Last Update August 30th, 2023

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Table of Contents:

Types of Power of Attorney in Louisiana
How to Get a Power of Attorney in Louisiana
Louisiana Power of Attorney Sample
FAQs About Louisiana Power of Attorney Forms

Types of Power of Attorney in Louisiana

There’s more than one type of Power of Attorney in Louisiana and selecting the correct variant can be critical. Each kind offers different types of powers to an Attorney-in-Fact (also known as an Agent). Therefore, you must create the right class of document, in order for your POA to work as intended.

The most common variants available in Louisiana include the following examples:

Durable (Financial): Durable Power of Attorney documents are invaluable tools for individuals planning how their estate will be managed in their old age, or in the event of sudden illness or disability. They allow the Agent to act for the Principal even if they become incapacitated.
Limited: A Limited Power of Attorney allows a Principal to grant time-limited powers to an Agent. This is usually to allow the Agent to complete a one-off task such as signing a contract.
Medical: Medical Power of Attorney is a durable form of POA that allows a Principal to appoint a person to make medical decisions for them if they become incapacitated.
Real Estate: Real Estate POAs are specially tailored documents that let Principals grant powers to an Agent for the purposes of managing real estate.
DMV: A DMV POA is a kind of Vehicle Power of Attorney that gives an Agent the authority to transfer ownership of a car or motorbike belonging to the Principal and to manage other issues related to cars and other motor vehicles.
pringing: A springing Power of Attorney is a legal instrument that allows you to appoint and give authority to an Agent when certain criteria are met and specific events occur. These will normally become active when the Principal becomes incapacitated and unable to act for themselves.
Minor Child Power of Attorney: This variety of Power of Attorney allows a Principal to appoint an Agent to take on their legal parental rights for a limited period of time. This could be for work reasons, deployment in the military, or due to an illness.
Tax: A Tax Power of Attorney form enables you to grant authority to an agent to represent you before Louisiana’s tax office.

How to Get a Power of Attorney in Louisiana

In order to make sure your POA is fully valid upon completion and signing, you must make sure that you follow the right steps to prepare your LA Power of Attorney document before successfully putting it into action.

To do this you will need to meet the following criteria:

Make sure all the details on the form are correct such as names, addresses, dates, and the powers that are to be granted.
The completed form should be signed by both the Agent and Principal.
There are no specific singing requirements for Louisiana, however we recommend that you get two witnesses and a notary public to view and sign the document as well.
Two witnesses must be present at the signing of the document and acknowledged in the presence of a notary public.

For more specific information on LA Power of Attorney signing requirements, consult the Louisiana State Legislature.

In addition to these steps, it is crucial that all the signing parties are legally able to enter into this agreement. This means that they must:

Be over 18 years of age.
Be mentally competent enough to enter into a contractual agreement.
Understand the powers that are being granted.

Lastly, the Agent must be a legal adult or a financial institution with trust powers, a registered place of business within the state and that has the authority to carry out trust business in Louisiana. They should also be someone that the Principal has full confidence in.

Louisiana Power of Attorney Sample

Creating and putting a Power of Attorney into action in Louisiana is a major commitment. It can help to explore an example template first to get a clear idea of what information should be found in your completed document.

Our sample LA Power of Attorney below can help you understand the details included in this legal arrangement a little better.

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FAQs About Louisiana Power of Attorney Forms

It is important to have a good understanding of what Louisiana Power of Attorney forms can do before filling in your own. Read through our FAQs below to get a better idea of the key information needed, as well as any other special considerations.

What Are Some Uses of a Power of Attorney?

An LA Power of Attorney is an important legal document that allows you to appoint a trusted individual to act on behalf of you to carry out important activities. Once signed, these legal forms can be used for a number of different purposes depending on their type and listed powers.

These responsibilities include:

Managing your financial affairs
Making medical decisions for you if you are incapacitated
Handling activities for you such as buying or selling property

Who Should Be Your Louisiana POA Agent?

When choosing the right Agent for your Louisiana POA, it is essential to pick a person (or people) that you trust implicitly.

By granting Power of Attorney to someone, you allow them to hold a large amount of responsibility for your financial or even bodily wellbeing. An Agent therefore must be someone you know will take the actions that serve these interests best.

Who Can Override a Louisiana Power of Attorney?

There are a few ways to override a Power of Attorney. First of all, you can simply revoke it, as the Principal retains the right to remove the powers at any time.

If on the other hand, you wish to revoke the Louisiana Power of Attorney of an already incapacitated family member, you will have to write to the Agent to ask them to formally step down as POA. If they refuse, you may then need to take the matter to court and appoint guardianship to render the powers of the Agent inactive.

You are only a few steps away from your own Louisiana Power of Attorney!

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Preview of your Louisiana Power of Attorney

GENERAL POWER OF ATTORNEY

IMPORTANT INFORMATION FOR THE PRINCIPAL

This power of attorney or mandate authorizes another person (your agent or mandatary) to make decisions concerning your property for you (the principal). Your agent or mandatary will be able to make decisions and act with respect to your property (including your money) whether or not you are able to act for yourself.

You should select someone you trust to serve as your agent. Unless you specify otherwise, generally the agent's authority will continue until you die or revoke the power of attorney or the agent resigns or is unable to act for you.

Your agent is not entitled to any compensation unless you state otherwise in this power of attorney. Your agent shall be entitled to reasonable expenses incurred in performing the acts required by you in your power of attorney.

This form provides for the designation of several agents. If your agent is unable or unwilling to act for you, your power of attorney will end unless you designate more than one agent or a successor agent. You may also name a second successor agent.

This power of attorney will be durable unless you state otherwise.

This power of attorney becomes effective immediately, unless you state otherwise.

The mandatary (agent) must always use the original notarized power of attorney. If they do not have one, the notary who notarized the power of attorney must make a written statement that a copy is the same as the original power of attorney.

If you have questions about the power of attorney or the authority you are granting to your agent, you should seek legal advice before you sign this document.

This Power of Attorney must be dated and acknowledged before a notary public or signed by two witnesses who are mentally competent. These two witnesses must be present at the principal's signing of the Power of Attorney. A Power of Attorney that gives powers to the agent over real property should be acknowledged before a notary public so that it can be recorded.

You should read this Power of Attorney carefully. This Power of Attorney will give your Agent the right to deal with property that you now have or might acquire in the future. If you do not understand the Power of Attorney, or any provision of it, then you should obtain the assistance of an attorney or other qualified person.

DESIGNATION OF AGENTS

I, _________, with a permanent address at _________, telephone number _________, and email address _________, name the following person to serve as my mandatary ("Agent") to exercise the powers and discretions described below:

Name of Agent: _________
Agent's Address: _________
Agent's Telephone Number: _________
Agent's Email Address: _________

This power of Attorney shall be revoked and will cease to have any effect if I became incapacitated.

My Agent shall have full authority to act for me in managing and conducting all of my personal and financial affairs. My Agent shall also have full power to defend my rights and acquire all that I may need in the future.

My Agent shall have power to:

(INITIAL each subject you want to include in the agent's general authority.)

________ - Continue, modify, open, and terminate any account or other banking arrangement made by me or on my behalf; establish, modify, and terminate any account or other banking arrangement with a bank, trust company, savings and loan association, credit union, thrift company, brokerage firm, or other financial institution selected by the agent.

________ - Operate and do business with any financial institution or bank in relation to my accounts, including making deposits and withdrawals, negotiating or endorsing any checks, or other instruments, with respect to such accounts. The Agent shall also have authority to obtain bank statements, drafts, and certificates or execute vouchers in my name, firm, corporation, or political entity.

________ - Make a deposit, negotiate, sell, or transfer any note, security, or draft of the United States of America, including U.S. Treasury Securities.

________ - Enter a safe deposit box or vault and withdraw or add to the contents

________ - Apply and contract for and receive a loan, acknowledge or cancel a debt, or give surety.

________ - Borrow from, sell assets to, invest or reinvest on, or purchase assets or property owned by me, that may or may not include income-producing assets and properties.

________ - Procure new, different, and additional contracts of insurance and annuities, including life insurance, and continue to pay existing annuities to either me or another person.

________ - Claim, collect or settle any debt owed to me, whether such claim or debt is made against me or asserted on my behalf against any third party.

________ - Perform binding contracts in my stead and for my benefit.

________ - Buy, sell, and exchange all rights in stocks and bonds, exercise voting rights with respect to such stocks and bonds, whether in person or by proxy, enter into voting trusts, and consent to limitations on the right to vote.

________ - Sell, convey, mortgage, or perform any action with respect to my property, including the right to encumber any homestead that I own or may own or may acquire in the future.

________ - Prepare, sign, file, and maintain documents for my benefit under any governmental program or military service, including authorization to.

________ - Prepare, sign, file, and maintain income and other tax returns with federal, state, and local governmental bodies.

________ - Procure information or obtain documents from any governmental body or agency and represent me in all tax-related matters, including the power to settle any claim with such governmental body or agency.

If my Agent and the designated Gift Agent are not the same person, then my Agent's authority shall include the power to disclaim assets that may pass to my Gift Agent. Moreover, the Gift Agent may also disclaim assets that may pass to my Agent.

This is a General Power of Attorney. The listing of specific powers in this General Power of Attorney shall not constitute a limit or restriction of the general powers granted in this Power of Attorney.

The powers and authority that I grant to my Agent under this power of attorney shall not extend to the following matters:

- My income may not be taxable to my Agent.
- My Agent may not subject my assets to a general power of appointment.
- My Agent may not have any ownership concerning any life insurance policies that I may own.

My Agent shall not be liable for an act, error of judgment, or default while undertaking the responsibilities delegated under this power of attorney if my Agent exercises care, competence, and diligence. However, my Agent will be liable to me and my successors if my Agent acts outside the authority granted or violates the duties imposed by the law and this power of attorney. My Agent's liability shall extend to the amount required to restore the value of my property and to the reimbursement of my interest or that of my successors, attorney's fees, and costs.

Except as otherwise provided in this power of attorney, an agent that does not participate in or conceal a breach of fiduciary duty committed by another agent, including a predecessor agent or a Successor Agent, is not liable for the actions of the other agent.

My Agent is not entitled to compensation for any services rendered as my Agent.

My Agent is not entitled to reimbursement of reasonable expenses incurred on my behalf while undertaking the responsibilities delegated to the Agent under this power of attorney.

My Agent is required to disclose receipts, disbursements, or transactions when requested by me, a fiduciary acting for me, or a governmental agency with authority to protect my welfare. If I am deceased, my representative or successor in interest may request my Agent to account.

This Power of Attorney shall be governed by the laws of the state of Louisiana. This notwithstanding, I this Power of Attorney to be valid in all jurisdictions and admissible to recordation, even If I become a resident of a different jurisdiction, or obtain property or any other property interest in another jurisdiction.

This Power of Attorney takes effect immediately and shall continue to have effect until my death or as long as I am incapable to handle my financial and personal affairs.

Dated ____________________, ______, at _________, Louisiana.

__________________________________
_________

Witness Signature

___________________________________
_________

STATE OF LOUISIANA,
PARISH OF _________, ss:

On this _____ day of ____________________, ______, before me personally appeared _________, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he/she executed same as his/her free act and deed.

_________________________________
Notary Public

My commission expires _____________

WITNESS ATTESTATION

___________________________________
_________
_________
_________

Notice to Person Accepting the Appointment as Attorney-in-Fact

By acting or agreeing to act as the Agent (attorney-in-fact) under this Power of Attorney, you assume the fiduciary and other legal responsibilities of an Agent. These responsibilities include:

1. The legal duty to act solely in the interest of the principal; act loyally, with care, competence, and diligence; and avoid conflicts of interest.

2. The legal duty to identify yourself as Agent whenever you act on behalf of the principal by printing the name of the principal and signing your name followed by the words; "as Agent".

3. The legal duty to keep a record of all transactions made on behalf of the principal, including the responsibility to produce receipts, ledgers, and other records of all deposits, disbursements, or other transactions involving the principal's assets or indebtedness.

4. To cooperate with the principal's health-care Agent, should the principal appoint such an Agent, in making decisions in accordance with the principal's desires or in the best interests if his or her wishes are not known.

5. The legal duty to preserve the principal's estate plan, if one exists.

6. The legal duty to keep the principal's property separate and distinct from any other property owned or controlled by you.

7. The legal duty to terminate actions as an Agent (Attorney-in-Fact) under this Power of Attorney upon the occurrence of any of the following:

a. Principal's death;
b. Revocation of the Power of Attorney of the principal;
c. The arrival of any date stated in the Power of Attorney, which states the termination of the Power of Attorney, if any; or
d. No additional action is required under the Power of Attorney.

8. If you are the spouse of the principal, the Power of Attorney terminates upon legal separation or dissolution of the marriage.

9. You may be held responsible and liable for any intentional actions which violate or abuse your authority under this Power of Attorney as provided by the state and federal laws governing this Power of Attorney.

10. You have the right to seek legal advice if you do not understand your duties as an Agent or any provisions in the Power of Attorney.

I have read the foregoing notice and I understand the legal and fiduciary duties that I assume by acting or agreeing to act as the Agent (attorney-in-fact) under the terms of this Power of Attorney.

Date:

Signed:

_________________________________
_________

Liability of Agent

Under LA Civ. Code Art. 3001, you are bound to fulfill your above-designated duties with prudence and diligence. You are responsible for the loss that the principal sustains as a result of your failure to perform. If you act outside the authority granted, you may be liable for any damages caused by your violation.