Power of attorney in Louisiana: form, signing and powers
The form, the signing rules, durable or not, and what an agent can do in Louisiana, from Louisiana law.
Checked against official sources: October 31, 2026.
Short answer
Representation and Mandate
- How to sign
- Signed by you; the law requires no notary or witnesses
- Durable unless it says otherwise?
- Yes: it continues if you lose capacity unless it says otherwise.
- Uniform Power of Attorney Act
- No
Words used in Louisiana
Louisiana uses civil-law terms. A power of attorney is a mandate or procuration, and the person you choose is your mandatary. Health care authority must be given expressly in the mandate, and end-of-life wishes go in a living will declaration. If an adult cannot care for themselves or their property and less restrictive means will not work, a court can order interdiction and appoint a curator.
An agent (also called an attorney-in-fact) is the person you choose to act for you. You are the principal.
- Money and property
- Mandate (a contract); procuration (a one-sided act giving authority); commonly called a power of attorney
- The person you choose
- Mandatary (in a procuration, the 'representative'); the person giving authority is the 'principal'
- Health care
- Mandate expressly authorizing health care decisions (often called a health care power of attorney)
- Treatment wishes
- Declaration concerning life-sustaining procedures (living will) under the Louisiana Natural Death Act
- Court-appointed decision-maker
- Interdiction (full, limited, temporary or preliminary); the court-appointed decision-maker is a curator, overseen by an undercurator; the person is an interdict
Law and official form
- Law
- Representation and Mandate
- Uniform Power of Attorney Act
- No
Law: La. Civ. Code arts. 2985-3032
Signing rules
- How to sign
Louisiana law does not require a mandate to be in any particular form. But when the act the mandatary will perform must be in a certain form (for example, a sale or mortgage of immovable property, which must be in writing), the mandate authorizing it must be in that same form. Some powers must be given expressly.
- Who signs
No particular form is required for a mandate itself. If the law requires a certain form for the act your mandatary will do, the mandate must be in that same form.
- Notary
- Not required
- Witnesses
- None required
Law: La. Civ. Code art. 2993
Durable and springing
- Is it durable?
Unless the parties agreed otherwise, a mandate and the mandatary's authority are not ended by the principal's incapacity, disability or other condition that makes an express revocation impossible or impractical.
Law: La. Civ. Code art. 3026
- Durable unless it says otherwise?
- Yes: it continues if you lose capacity unless it says otherwise.
What an agent can and cannot do
- Needs express permission
- Alienate (sell or give away), acquire, encumber (mortgage) or lease a thing
- Make an inter vivos donation (gift), outright or to a trust or other custodial arrangement
- Accept or renounce a succession (inheritance)
- Contract a loan, acknowledge or forgive a debt, or become a surety
- Draw or endorse promissory notes and negotiable instruments
- Enter into a compromise or refer a matter to arbitration
- Make health care decisions, such as surgery, medical expenses, nursing home residency and medication
- Prevent or limit reasonable communication, visitation or interaction between the principal and close relatives or others with strong affection
- No power of attorney can
A mandatary may not prevent or limit reasonable communication, visitation or interaction between a principal over 18 and another person without prior court approval for good cause, unless the mandate expressly allows it. A mandatary may not contract with himself or herself on the principal's behalf unless authorized or merely fulfilling a duty to the principal.
Law: La. Civ. Code art. 2995; art. 2998
Law: La. Civ. Code arts. 2996, 2997
Agent duties, pay and court review
- Agent duties
- Fulfill the mandate with prudence and diligence
- Provide information and render an account when asked or when circumstances require, and notify the principal when the mandate is fulfilled
- Deliver to the principal everything received under the mandate
- Pay interest on the principal's money used for the mandatary's own purposes
- Perform the mandate personally unless a substitute is allowed
- Account for performance when the mandate ends, unless expressly excused
- Agent pay
A mandate is gratuitous (unpaid) unless the parties agree otherwise. The principal must reimburse the mandatary's expenses and pay any remuneration the mandatary is entitled to.
Law: La. Civ. Code arts. 2992, 3012
Law: La. Civ. Code arts. 3001, 3003-3006, 3032
When it ends and how to revoke it
Official forms in Louisiana
Forms published by the state or its courts. You open them on the official site.
Living will
Guardianship / conservatorship
Good to know in Louisiana
- Louisiana does not use the Uniform Power of Attorney Act; powers of attorney are governed by the Civil Code articles on mandate, and the agent is called a mandatary.
Law: La. Civ. Code arts. 2985-3032
- A mandate continues if you become incapacitated unless it says otherwise, but it ends when a curator qualifies after you are interdicted.
Law: La. Civ. Code arts. 3024, 3026
- Health care decisions and limiting a person's visits or contact with close relatives are among the powers that must be given expressly.
Law: La. Civ. Code art. 2997
- Supported decisionmaking agreements must be made by authentic act - before a notary and two witnesses.
Law: La. R.S. 13:4261.205
Changes in 2024–2026
Acts 2025, No. 488 amended Civil Code art. 3025 with a wording change ('third party' to 'third person'). Acts 2025, No. 342 amended La. R.S. 40:1151.1 (living will definitions). No other 2024-2026 changes were found in the mandate, interdiction or supported decisionmaking provisions read.
Free help in Louisiana
- Southeast Louisiana Legal Services
- Governor's Office of Elderly Affairs: Legal Self Help Page
- Louisiana Secretary of State: End of Life Registries (living will registry)
- Find free legal aid at LawHelp.org
Report abuse or exploitation
Louisiana Governor's Office of Elderly Affairs - Elderly Protective Services (age 60 and older) · 1-833-577-6532
Questions about powers of attorney in Louisiana
What is a power of attorney called in Louisiana?
Mandate (a contract); procuration (a one-sided act giving authority); commonly called a power of attorney. Louisiana uses civil-law terms. A power of attorney is a mandate or procuration, and the person you choose is your mandatary. Health care authority must be given expressly in the mandate, and end-of-life wishes go in a living will declaration. If an adult cannot care for themselves or their property and less restrictive means will not work, a court can order interdiction and appoint a curator.
Does a power of attorney have to be notarized in Louisiana?
Louisiana law does not require a mandate to be in any particular form. But when the act the mandatary will perform must be in a certain form (for example, a sale or mortgage of immovable property, which must be in writing), the mandate authorizing it must be in that same form.