Free Louisiana Power of Attorney Form


Sample Louisiana Power of Attorney

MANDATE

TO PERSON EXECUTING THIS DOCUMENT – THE POWERS YOU GRANT BELOW CEASE TO BE EFFECTIVE SHOULD YOU LOSE CAPACITY.


THIS Mandate
is given by me, _______________ (the “Principal”), presently of _______________, _______________, in the State of Louisiana, on this _________ day of _____________, 20___.

    Previous Mandate

  1. I REVOKE any previous mandate granted by me.
  2. Mandatary

  3. I APPOINT __________________, of ___________________________, __________________, Louisiana, to act as my Mandatary.
  4. Governing Law

  5. This document will be governed by the laws of the State of Louisiana. Further, my Mandatary is directed to act in accordance with the laws of the State of Louisiana at any time he or she may be acting on my behalf.
  6. Liability of Mandatary

  7. My Mandatary will not be liable to me, my estate, my heirs, successors or assigns for any action taken or not taken under this document, except for willful misconduct or gross negligence.
  8. Effective Date

  9. This Mandate will start immediately and will cease to be in effect upon a finding of my mental incapacity or mental infirmity which may occur after my execution of this Power of Attorney.
  10. Powers of Mandatary

  11. My Mandatary has authority to do anything on my behalf that I may lawfully do by an Mandatary (the “General Power”).
  12. Specific Powers

  13. Without restricting its generality in any way, the following power(s) are specifically included within the foregoing General Power:

    Initial the line at each authority you grant

      X_____Real Estate Transactions

    1. To deal with any interest I may have in real property and sign all documents on my behalf concerning my interest, including, but not limited to, real property I may subsequently acquire or receive. These powers include, but are not limited to, the ability to:

       

      i.

      Purchase, sell, exchange, accept as gift, place as security on loans, convey with or without covenants, rent, collect rent, sue for and receive rents, eject and remove tenants or other persons, to pay or contest taxes or assessments, control any legal claim in favor of or against me, partition or consent to partitioning, mortgage, charge, lease, surrender, manage or otherwise deal with real estate and any interest therein; and

       

      ii.

      Execute and deliver deeds, transfers, mortgages, charges, leases, assignments, surrenders, releases and other instruments required for any such purpose.

    2. X_____Maintain Property and Make Investments

    3. To retain any assets owned by me at the date this Ordinary Power of Attorney becomes effective, and the power to reinvest those assets in similar investments. In addition, my Mandatary may invest my assets in any new investments, of his or her choosing, regardless of whether or not they are authorized by any applicable legislation.

    4. X_____Banking Transactions

    5. To do any act that I can do through an Mandatary with a bank or other financial institution. This power includes, but is not limited to, the power to:

       

      i.

      Open, maintain or close bank accounts (including, but not limited to, checking accounts, savings accounts, and certificates of deposit), brokerage accounts, retirement plan accounts, and other similar accounts with financial institutions;

       

      ii.

      Conduct any business with any banking or financial institution with respect to any of my accounts, including, but not limited to, making deposits and withdrawals, negotiating or endorsing any checks or other instruments with respect to any such accounts, obtaining bank statements, passbooks, drafts, money orders, warrants, and certificates or vouchers payable to me by any person, firm, corporation or political entity;

       

      iii.

      Borrow money from any banking or financial institution if deemed necessary by my Mandatary, and to manage all aspects of the loan process, including the placement of security and the negotiation of terms;

       

      iv.

      Perform any act necessary to deposit, negotiate, sell or transfer any note, security, or draft of the United States of America, including U.S. Treasury Securities;

       

      v.

      Have access to any safe deposit box that I might own, including its contents; and

       

      vi.

      Create and deliver any financial statements necessary to or from any bank or financial institution.

    6. X_____Business Operating Transactions

    7. To take any action my Mandatary deems necessary with any business that I may own or have an interest in by doing any act which can be done through an Mandatary. This power includes, but is not limited to, the power to execute, seal and deliver any instrument; participate in any legal business of any kind; execute partnership agreements and amendments; to incorporate, reorganize, consolidate, merge, sell, or dissolve any business; to elect or employ officers, directors and agents; and to exercise voting rights with respect to any stock I may own, either in person or by proxy.

    8. X_____Insurance Transactions

    9. To do any act that I can do through an Mandatary with any insurance policy. This power includes, but is not limited to, the power to pay premiums, start, modify or terminate policies, manage all cash payouts, borrow from insurers and third parties using insurance policies as collateral, and to change the beneficiaries on any insurance policies on my life. Unless my Mandatary was already a beneficiary of any policy before the signing of this document, my Mandatary cannot name himself or herself as a beneficiary of such policy.

    10. X_____Claims and Litigation Matters

    11. To institute, maintain, defend, compromise, arbitrate or otherwise dispose of, any and all actions, suits, attachments or other legal proceedings for or against me. This power includes, but is not limited to, the power to: appear on my behalf, and the power to settle any claim against me in whichever forum or manner my Mandatary deems prudent, and to receive or pay any resulting settlement.

    12. X_____Tax Matters

    13. To act for me in all matters that affect my local, state and federal taxes and to prepare, sign, and file documents with any governmental body or agency, including, but not limited to, authority to:

       

      i.

      Prepare, sign and file income and other tax returns with federal, state, local and other governmental bodies, and to receive any refund checks; and

       

      ii.

      Obtain information or documents from any government or its agencies, and represent me in all tax matters, including the authority to negotiate, compromise, or settle any matter with such government or agency.

    14. X_____Government Benefits

    15. To act on my behalf in all matters that affect my right to allowances, compensation and reimbursements properly payable to me by the Government of the United States or any agency or department thereof. This power includes, but is not limited to, the power to prepare, file, claim, defend or settle any claim on my behalf and to receive and manage, as my Mandatary sees fit, any proceeds of any claim.

    16. X_____Retirement Benefit Transactions

    17. To act for me and represent my interests in all matters affecting any retirement savings or pension plans I may have. This power includes, but is not limited to, the power to continue contributions, change contribution amounts, change investment strategies and options, move assets to other plans, receive and manage payouts, and add or change existing beneficiaries. My Mandatary cannot add himself or herself as a beneficiary unless he or she is already a designated beneficiary as of the signing of this document.

    18. X_____Family Care

    19. To make whatever expenditures are required for the maintenance, education, benefit, medical care and general advancement of me, my spouse and dependent children, and other persons that I have chosen or which I am legally required to support, any of which may include my Mandatary. This power includes, but is not limited to, the power to pay for housing, clothing, food, travel and other living costs.

    20. X_____Chattel and Goods Transactions

    21. To purchase, sell or otherwise deal with any type of personal property I may currently or in the future have an interest in. This includes, but is not limited to, the power to purchase, sell, exchange, accept as gift, place as security on loans, rent, lease, to pay or contest taxes or assessments, mortgage or pledge.

    22. X_____Estate Transactions

    23. To do any act that I can do through an Mandatary with regard to all matters that affect any trust, probate estate, conservatorship, or other fund from which I may receive payment as a beneficiary. This power includes the power to disclaim any interest which might otherwise be transferred or distributed to me from any other person, estate, trust, or other entity, as may be appropriate. However, my Mandatary cannot disclaim assets to which I would be entitled, if the result is that the disclaimed assets pass directly or indirectly to my Mandatary or my Mandatary’s estate.

    24. X_____Living Trust Transactions

    25. To transfer any of my assets to the trustee of any revocable trust created by me, if such trust is in existence at the time of such transfer. This property can include real property, stocks, bonds, accounts, insurance policies or other property.

    26. X_____Gift Transactions

    27. To make gifts to my spouse, children, grandchildren, great grandchildren, and other family members on special occasions, including birthdays and seasonal holidays, including cash gifts, and to such other persons with whom I have an established pattern of giving (or if it is appropriate to make such gifts for estate planning and/or tax purposes), in such amounts as my Mandatary may decide in his or her absolute discretion, having regard to all of the circumstances, including the gifts I made while I was capable of managing my own estate, the size of my estate and my income requirements.

    28. X_____Charity Transactions

    29. To continue to make gifts to charitable organizations with whom I have an established pattern of giving (or if it is appropriate to make such gifts for estate planning and/or tax purposes), in such amounts as my Mandatary may decide in his or her absolute discretion, having regard to all of the circumstances, including the gifts I made while I was capable of managing my own estate, the size of my estate and my income requirements.

    30. X_____Employ Required Professionals

    31. To appoint and employ any agents, servants, companions, or other persons, including nurses and other health care professionals for my care and the care of my spouse and dependent children, and accountants, attorneys, clerks, workers and others for the management, preservation and protection of my property and estate, at such compensation and for such length of time as my Mandatary considers advisable.

      X_____Manage Real Estate

    32. To manage the property owned by me, or in which I have an interest, located at _____________________________________________________, and municipally known as _____________________________________________________. This power includes, but is not limited to, the power to receive rents, make repairs, pay expenses including the insuring of the property and generally to deal with my property as effectually as I myself could do; to take all lawful proceedings by way of action or otherwise, for recovery of rent in arrears, or for eviction of tenants; and to commence, carry on and defend all actions, suits and other proceedings touching my property or any part of it.

    33. X_____Manage Specific Financial Account

    34. To control my accounts with ____________________ Bank, located at _________________________________________, Account Number(s)__________________________________________. This power includes the authority to conduct any business with respect to any of my listed accounts, including, but not limited to, making deposits and withdrawals, negotiating or endorsing any cheques or other instruments with respect to any such accounts, obtaining bank statements, passbooks, drafts, money orders, warrants, and certificates or vouchers payable to me by any person, firm, corporation or political entity, and to perform any act necessary to deposit, negotiate, sell or transfer any note, security or draft.

  14. Mandatary Compensation

  15. My Mandatary will receive no compensation except for the reimbursement of all out of pocket expenses associated with the carrying out of my wishes.
  16. Co-owning of Assets and Mixing of Funds

  17. My Mandatary may not mix any funds owned by him or her in with my funds and all assets should remain separately owned if at all possible.
  18. Personal Gain from Managing My Affairs

  19. My Mandatary is not allowed to personally gain from any transaction he or she may complete on my behalf.
  20. Delegation of Authority

  21. My Mandatary may not delegate any authority granted under this document.
  22. Mandatary Restrictions

  23. This Mandate is not subject to any conditions or restrictions other than those noted above.
  24. Notice to Third Parties

  25. Any third party who receives a valid copy of this Power of Attorney can rely on and act under it. A third party who relies on the reasonable representations of my Mandatary as to a matter relating to a power granted by this Power of Attorney will not incur any liability to the Principal or to the Principal’s heirs, assigns, or estate as a result of permitting the Mandatary to exercise the authority granted by this Power of Attorney up to the point of revocation of this Power of Attorney. Revocation of this Power of Attorney will not be effective as to a third party until the third party receives notice and has actual knowledge of the revocation.
  26. Severability

  27. If any part of any provision of this document is ruled invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalidity only, without in any way affecting the remaining parts of such provisions or the remaining provisions of this document.
  28. Acknowledgment

  29. I, _______________, being the Principal named in this Mandate hereby acknowledge:
    1. I have read and understand the nature and effect of this Mandate;
    2. I am of legal age in the State of Louisiana to grant a Mandate; and
    3. I am voluntarily giving this Mandate.

IN WITNESS WHEREOF
I hereunto set my hand and seal at the City of ________________ in the State of Louisiana, this _________ day of _____________, 20___.

SIGNED, SEALED, AND DELIVERED

     

in the presence of:

     
       

Witness: ______________________ (Sign)

     

Witness Name: ______________________

     

Address: ___________________________

   

__________________________________

___________________________________

   

_______________ (Principal)

       

Witness: ______________________ (Sign)

     

Witness Name: ______________________

     

Address: ___________________________

     

___________________________________

   


WITNESS CERTIFICATE

I, _________________________, currently residing at __________________________, in the City of __________________, in the State of ____________________, hereby acknowledge that:

  1. I witnessed the signing of the Mandate of _______________ dated this _________ day of _____________, 20___.
  2. I am an adult with capacity to witness the signing of the Mandate and I am the subscribing witness thereto.
  3. In my opinion, _______________ had the capacity to understand the nature and effect of the Mandate at the time the Mandate was signed and the Principal signed it freely and voluntarily without any compulsion or influence from any person.
  4. I am not the Mandatary named in the Mandate nor am I the Mandatary’s spouse or other family member.

_________________________

_________________________

(Signature of Witness)

(Date)


WITNESS CERTIFICATE

I, _________________________, currently residing at __________________________, in the City of __________________, in the State of ____________________, hereby acknowledge that:

  1. I witnessed the signing of the Mandate of _______________ dated this _________ day of _____________, 20___.
  2. I am an adult with capacity to witness the signing of the Mandate and I am the subscribing witness thereto.
  3. In my opinion, _______________ had the capacity to understand the nature and effect of the Mandate at the time the Mandate was signed and the Principal signed it freely and voluntarily without any compulsion or influence from any person.
  4. I am not the Mandatary named in the Mandate nor am I the Mandatary’s spouse or other family member.

_________________________

_________________________

(Signature of Witness)

(Date)

Louisiana Power of Attorney Form

We live in a snappy world where things happen almost as fast as we think of them. This state of affairs brings about opportunities and tragedies in an almost equal measure. Taking things slow could be an option but, it doesn’t work all the time. But, amid all the confusion that comes from living in the fast-paced world, several good things come with it. One of these things is the ability to fill out a form, sign and even notarize it to grant someone else control over your affairs. This happens legally, and all you need is a free power of attorney form in Louisiana.

A power of attorney refers to the legal instrument that gives you the leeway to grant someone else control over your affairs should you be incapacitated and unable to communicate your decision. It’s also referred to as a POA, a letter of attorney or a letter of authority.

In the free Louisiana power of attorney form your fill, you will realize that it refers to you as the principal and individual you grant power to, your agent or attorney-in-fact.

Springing and non-springing powers of attorney

Often, the powers of attorney are only executable in the event of a principal’s incapacitation, disability, or unavailability. Since the use of the powers stems from the principal’s inability to act and decide for themselves, the powers are called springing powers of attorney.

However, powers that are executable as soon as the POA is signed (and notarized) is referred to as the non-springing powers of attorney.

So, which are the other types of POA in the state of Louisiana?

Louisiana Durable Power of Attorney Laws

The durable POA refers to the document that authorizes another to make health care decisions on behalf of the principal, only if the principal is incapacitated, disabled and totally out of control of their physical and mental faculties. The DPOA ensures that even when you’re unconscious, your loved ones act as per your wishes.

The DPOA is created as per the provisions of the Louisiana statutes, section 40:1299.58.1 et seq. of the revised statutes on the use of Life-supporting procedures.

The agent can authorize or decline authority for medical interventions and treatments. The medical interventions to decide on include hydration and nutrition procedures. Since these procedures aim to prolong a patient’s dying process, you get to decide whether or not an agent authorizes the procedures. However, the DPOA doesn’t give an agent power to refuse consent for the physicians to take on measures to make the patient comfortable.

Legal Requirements for the DPOA

The durable POA declaration must be performed as per the requirements of 40:1299.58.1 et seq. under the Revised Louisiana statutes for declarations for life-supporting procedures.

The document is only executable if it dictates that the POA declaration is only effective if the principal is comatose, diagnosed with an irreversible or terminal condition, or if they are incompetent and physically and mentally unable to communicate their wishes.

Legal Requirements for the revocation of the DPOA

  • The directives of the DPOA could be withdrawn by the principal regardless of their competency or mental state if:

    • They destroy the document

    • Prepare a written, signed, and dated revocation notice

    • Or they communicate their verbally or non-verbally their intentions of revoking the POA. Revocation is effective as soon as the intentions are communicated to the attending physician.

For interstate validity, the DPOA from a different state should be in line with Louisiana statutes.

If an attending physician is unwilling to follow the DPOA directives, they should attempt to transfer the patient to another medical facility or attending physician. But, a doctor acting in good faith isn’t held liable (professionally, civilly, and criminally).

Louisiana Limited POA Law

The limited POA is used when a principal wishes to transfer specific powers to their names agent. The agent cannot act out of the bounds of the POA directives. The directives are only executable by the appointed agent if the principal is unable to handle the matters on their own or if they are unavailable.

Once the need arises, the powers granted are effective for as long as possible, and the agent loses their authority upon receipt of written and signed revocation notice from the principal. The principal also needs to send the revocation notice to third parties acting under the DPOA directives.

Louisiana POA For Bank Account Matters Law

This is a special POA that grants an agent authority over matters relating to the principal’s bank account. The specific powers are executable only if the principal is unable to act or of unavailable.

The powers are revocable through the issuance of a revocation notice to the agent and third parties acting under the agent’s authority. The revocation notice should be in writing.

Would you like our free online power of attorney form today? Well, whether you live in New Orleans, Baton Rouge, Shreveport, Metairie, Lafayette, Lake Charles, Bossier City, Kenner or any other city of Louisiana, we shall process your form promptly.

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