What the rule says
Louisiana's civil-law framework uses "mandate" or "procuration" — concepts from the French and Spanish civil-law traditions — rather than the common-law "power of attorney." The substantive function is similar: a principal authorizes an agent to act on behalf of the principal.
Under La. Civ. Code arts. 2989-3034, a mandate:
- Authorizes a mandatary (agent) to act for the principal - Can be general (covering many transactions) or special (limited to specific matters) - Is durable when expressly stated to continue despite incapacity
Louisiana's mandate framework requires express durability language similar to California, Texas, New Jersey, Michigan, Massachusetts, and other states that have not adopted the Uniform Power of Attorney Act default-durable framework.
Specific powers
Under Louisiana law, certain significant powers (gifts, beneficiary changes, trust modifications) typically require express authorization in the mandate.
Healthcare power of attorney is separate
Louisiana separates property and healthcare frameworks. Healthcare decisions require a separate Louisiana Healthcare Power of Attorney or Living Will under specific Louisiana procedures.
Execution requirements
A valid Louisiana mandate must generally be:
- Signed by the principal - Acknowledged before a notary public for many practical purposes (real estate, etc.)
For mandates affecting immovable property (real estate), specific notarial requirements apply.
What happens without a mandate
If a Louisiana resident becomes incapacitated without an executed durable mandate, the family must seek interdiction proceedings under Louisiana law (interdiction is the civil-law equivalent of guardianship/conservatorship). The procedures are governed by La. Code Civ. Proc. art. 4541 et seq.
Interdiction proceedings: - Court filing and hearing - Establishment of incapacity - Appointment of curator (for property) or curator of the person - Ongoing court supervision - Substantial cost
What you can do about it
For Louisiana residents:
- Execute a mandate with express durability language. - Acknowledge before a notary for any mandate affecting real property. - Specifically grant any significant powers. - Designate a successor mandatary. - Coordinate with the Healthcare Power of Attorney. - Engage a Louisiana attorney. Louisiana's mandate framework is distinct; common-law power of attorney forms may not work cleanly in Louisiana.
Who this affects most
Louisiana's mandate framework is most consequential for:
- Louisiana adults without executed mandates — incapacity will require interdiction - Out-of-state relocators with common-law POAs that may not work cleanly in Louisiana - Adult children caring for aging Louisiana parents - Estate planners coordinating Louisiana-specific incapacity planning
The civil-law framework requires Louisiana-specific expertise. A common-law power of attorney form may technically work in some Louisiana contexts but Louisiana mandate forms designed for the civil-law framework are more reliable.