Louisiana Power of Attorney PDF
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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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.
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 |
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.
Louisiana Governing Laws
Read the full text of these laws at Cornell Law School's Louisiana legal resources or your state legislature's official website.