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Louisiana Power of Attorney basics

A Louisiana Power of Attorney is a legal document that you would create to choose a trusted person to act or make decisions on your behalf if you either can't or don't want to do so for yourself. You can authorize a friend, family member, or professional to, for example, sell your car for you if a buyer comes along while you are away on vacation, or to take over your finances if you end up hospitalized with a serious illness.


What does Power of Attorney mean in Louisiana?


A Power of Attorney in Louisiana grants an "Agent" powers to act on your behalf if you are not able to do so. You can choose for this power to begin immediately, on a specific date, or at any time that you become incapacitated. The powers granted in the Power of Attorney can terminate either on a specific date or upon your death.

Specific powers can include the ability to change the beneficiaries on your accounts, create or change rights of survivorship, access the content of electronic communications, and more.


Does a Power of Attorney need to be notarized in Louisiana?


The Louisiana Power of Attorney must be signed by two witnesses and notarized as well. This is to make it more difficult for a third party to challenge the validity of the signature.


What are the four types of Power of Attorney?


In general, the four main types of Power of Attorney are: General Power of Attorney, Durable Power of Attorney, Special Power of Attorney, and Springing Power of Attorney.

A General Power of Attorney ends when you become incapacitated. In contrast, a Durable Power of Attorney continues in place even if the Principal becomes incapacitated. Unlike a Durable Power of Attorney, a Springing Power of Attorney becomes effective as soon as the document is signed, and only goes into effect once a particular event occurs (for example, if the Principal becomes incapacitated).

A Special Power of Attorney, also known as a Limited Power of Attorney, allows an Agent to act only in specific situations.


Do you need to record a Power of Attorney?


You do not need to record a Power of Attorney unless it deals with real estate transactions.


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