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Louisiana Power of Attorney
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Louisiana at a glance: Governing Law: La. Civ. Code art. 2985 et seq. (Procuration) · Notarization: Required for real estate transactions (authentic act) · Witnesses: 2 witnesses for authentic act
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Overview
Powers of Attorney in Louisiana
Louisiana, following its civil law tradition, calls a power of attorney a "procuration," governed by the Louisiana Civil Code. A general procuration should be in writing, and if it will be used for a real estate transaction, it must be executed as an authentic act (before a notary and two witnesses) or with a comparable formality.
Louisiana's civil law approach to agency differs procedurally from the common-law POA statutes used in most other states, though the underlying purpose is the same.
Key Facts
Louisiana Power of Attorney — Quick Reference
| Requirement | Louisiana Rule |
|---|---|
| Governing Law | La. Civ. Code art. 2985 et seq. (Procuration) |
| Notarization | Required for real estate transactions (authentic act) |
| Witnesses | 2 witnesses for authentic act |
| Terminology | Called a "procuration," not a power of attorney |
| Medical Decisions | Separate health care documents required |
Legal Requirements
Louisiana Legal Requirements
- A general procuration should be in writing and signed by the principal.
- For real estate transactions, must be executed as an authentic act before a notary and two witnesses.
- Agent (called a "mandatary" or "attorney-in-fact") has fiduciary duties to the principal.
- A separate document is required for healthcare decisions.
Governing Laws
Louisiana Governing Laws
La. Civ. Code art. 2985 et seq.
Mandate (Procuration)
Governs the law of agency, called mandate or procuration, in Louisiana's civil law system.
Read the full text of these laws at Cornell Law School's Louisiana legal resources or your state legislature's official website.
Questions & Answers
Louisiana Power of Attorney — Frequently Asked Questions
Does Louisiana call this document a Power of Attorney?
Louisiana's civil law tradition uses the term "procuration" for what other states call a power of attorney, though it serves the same function.
Does a Louisiana procuration need to be notarized?
For real estate transactions, yes — it must be executed as an authentic act before a notary and two witnesses. Other uses may have more flexible execution requirements.
Does a Louisiana procuration cover healthcare decisions?
No. Separate healthcare directive documents are required for medical decisions in Louisiana.