Power Of Attorney requirements in Louisiana
- Be at least 18 years old and of sound mind to create a POA.
- Choose a trusted agent (called a 'mandatary' in Louisiana) who is also 18 or older.
- Get the POA form signed and notarized. In Louisiana, notarization is required for financial POAs.
- For medical POA, you'll need to sign in front of two witnesses (who aren't related to you by blood or marriage) and a notary.
- Make sure the POA is clearly titled and states that it's a 'power of attorney' to avoid confusion.
- If you want the POA to be durable (continue after you're incapacitated), say so in writing.
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Create your power of attorneyHow to create a Power Of Attorney in Louisiana, step by step
- Start with a Louisiana-specific POA form. You can find forms online or at office supply stores, but make sure they meet state rules.
- Fill in your name, your mandatary's name, and what powers you're giving (like managing property, paying bills, or making medical decisions).
- Include any special instructions, like limits on selling property or gifts.
- Sign the form in front of a notary. For a medical POA, also have two witnesses sign.
- Give a copy to your mandatary and to your bank, doctor, or other relevant parties.
- Keep the original in a safe place, and let a family member know where it is.
Cost considerations
Creating a POA in Louisiana can cost anywhere from $50 to $200 if you use an attorney. If you do it yourself with a form, it might just be the notary fee, usually $10 to $20. Some parishes have set fees for notarizing, but it's typically affordable.
Before You Make a Louisiana POA
Get organized before filling out a Louisiana power of attorney form. This checklist covers key steps, notary needs, and common pitfalls.
- Confirm the principal's mental competence—Louisiana requires the person granting the POA to understand the document at signing time.
- Decide which type of POA you need: general (financial), medical (healthcare), or durable (remains valid if incapacitated), as Louisiana has specific forms for each.
- Gather the principal's full legal name, date of birth, and a valid photo ID (e.g., driver's license or passport) for notarization.
- Identify a trusted agent and a backup agent; ensure the agent is of legal age and willing to serve.
- In Louisiana, a POA generally requires a notary public and two competent witnesses (unless it's a military POA or a specific exception applies).
- Bring your completed document to a notary—do not sign it before meeting the notary, as Louisiana law requires the principal to sign in the notary's presence.
Common questions
What's the difference between a power of attorney and a durable power of attorney in Louisiana?
A regular POA ends if you become incapacitated or can't make decisions. A durable POA stays in effect even if you're incapacitated, which is why many people choose it for long-term planning. In Louisiana, you must clearly state it's durable.
Does a Louisiana POA need to be recorded?
Recording isn't required for most POAs, but if you want your agent to handle real estate, you'll need to record it in the parish where the property is located. That makes it official for dealing with title companies.
Can I write my own power of attorney in Louisiana?
Yes, you can, as long as it meets state requirements. But it's smart to have a lawyer review it, especially if you're giving broad powers. A small mistake can cause problems later.
How long is a power of attorney valid in Louisiana?
Unless you set a specific end date, a POA is valid until you revoke it or pass away. But it ends immediately if you become incapacitated, unless it's a durable POA.