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Louisiana Power of Attorney Requirements (2026)

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..

ExecutionUnder 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 formNo. Louisiana’s Civil Code (arts. 2989-3034) contains no fill-in-the-blank statutory POA form; the approach is principles-based, not form-based.
DurabilityDurable 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 witnessNo 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 writingNo
AuthorityLouisiana 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.

Create a power of attorney

LawDepot pays us a commission if you buy through this link; it costs you nothing extra. We are not a law firm and this is not legal advice. Affiliate Disclosure.

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 acceptance-and-refusal statutes require where they exist, the permitted grounds for refusal, and the attorney-fee remedy.

What the form does not solve

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.

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