Updated September 3, 2026. Quick answer: Under Louisiana’s civil-law Mandate framework, Civ. Code art. 2993 provides a mandate “is not required to be in any particular form,” EXCEPT that when the law prescribes a form for the authorized act itself, the mandate must be in that form (e.g., a mandate to sell/donate/mortgage immovable property must be an authentic act: notary + 2 witnesses, art. 1833). An ordinary mandate can be a private writing signed only by the principal, but banks strongly prefer an authentic act because it is self-proving. Durable BY DEFAULT for ordinary incapacity: no special clause required. Civ. Code art. 3026: “In the absence of contrary agreement, neither the contract nor the authority of the mandatary is terminated by the principal’s incapacity, disability, or other condition…” Exception (art. 3024): the mandate DOES terminate upon qualification of a curator after judicial interdiction..
| Execution | Under Louisiana’s civil-law Mandate framework, Civ. Code art. 2993 provides a mandate “is not required to be in any particular form,” EXCEPT that when the law prescribes a form for the authorized act itself, the mandate must be in that form (e.g., a mandate to sell/donate/mortgage immovable property must be an authentic act: notary + 2 witnesses, art. 1833). An ordinary mandate can be a private writing signed only by the principal, but banks strongly prefer an authentic act because it is self-proving. |
| Statutory form | No. Louisiana’s Civil Code (arts. 2989-3034) contains no fill-in-the-blank statutory POA form; the approach is principles-based, not form-based. |
| Durability | Durable BY DEFAULT for ordinary incapacity: no special clause required. Civ. Code art. 3026: “In the absence of contrary agreement, neither the contract nor the authority of the mandatary is terminated by the principal’s incapacity, disability, or other condition…” Exception (art. 3024): the mandate DOES terminate upon qualification of a curator after judicial interdiction. |
| Who may not witness | No mandate-specific witness-disqualification article was found. Art. 1833 (authentic act) requires two witnesses and a notary but does not itself bar the named mandatary, spouse, or blood relative from witnessing: reported as not-found, not a confirmed absence. |
| Agent must accept in writing | No |
| Authority | Louisiana Civil Code, Title XV, “Representation and Mandate,” arts. 2985, 2989-3034; authentic-act rules at arts. 1833, 1835; bank-specific provision at La. R.S. 6:311.1. |
What decides whether the document is valid
Under Louisiana’s civil-law Mandate framework, Civ. Code art. 2993 provides a mandate “is not required to be in any particular form,” EXCEPT that when the law prescribes a form for the authorized act itself, the mandate must be in that form (e.g., a mandate to sell/donate/mortgage immovable property must be an authentic act: notary + 2 witnesses, art. 1833). An ordinary mandate can be a private writing signed only by the principal, but banks strongly prefer an authentic act because it is self-proving. Get this wrong and the document is not merely weak: it may be void, and you will find out at the moment somebody needs to use it.
The statutory form
No. Louisiana’s Civil Code (arts. 2989-3034) contains no fill-in-the-blank statutory POA form; the approach is principles-based, not form-based.
If the free form does not fit your situation
This state puts a form in its statute but does not publish a free filled-in copy, so you are transcribing statutory text either way. LawDepot builds a state-specific power of attorney executed under this state’s witnessing and notary rules. For a complex estate or a likely family dispute, a lawyer is the better route.
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Durability: the point most people get wrong
Durable BY DEFAULT for ordinary incapacity: no special clause required. Civ. Code art. 3026: “In the absence of contrary agreement, neither the contract nor the authority of the mandatary is terminated by the principal’s incapacity, disability, or other condition…” Exception (art. 3024): the mandate DOES terminate upon qualification of a curator after judicial interdiction. This is one of the most consequential drafting points in this state.
Why a springing power often fails when it is needed, and why durable is usually the better default.
If a bank refuses it
Louisiana addresses this: No dedicated acceptance-deadline/wrongful-refusal statute analogous to UPOAA §120 was found. The closest, La. R.S. 6:311.1, is a bank-protection/reliance statute (a bank isn’t liable for transactions before receiving written notice of revocation/termination): not an affirmative-acceptance or wrongful-refusal remedy statute.
What the form does not solve
- Social Security will not accept it. No power of attorney works there: a representative-payee application is the only route.
- It has to be signed while capacity is intact. The day that closes, the alternative is a court.
- Name a successor agent. A document whose only named agent has died or declined does nothing: how to choose when there is no obvious person.
All 51 jurisdictions compared.
Also for Louisiana: Louisiana Advance Directive Requirements.
General information drawn from state statute, not legal advice. Powers of attorney are governed by STATE law and differ materially between states. Execution requirements decide whether a document is VALID, so verify them against your own state’s current statute before signing anything. We are not a law firm and this is not legal advice.