Louisiana Power of Attorney Laws: Mandate, Medical, and Financial Authority (2026)

Louisiana does not use the term "power of attorney" in its Civil Code. Instead, the state's civil-law tradition governs the same relationship under the name "mandate" or "procuration," controlled by La. Civ. Code arts. 2989 through 3032. A mandate is a contract by which a principal confers authority on a mandatary to transact one or more affairs on the principal's behalf. Because Louisiana is the only civil-law state in the United States, its rules differ in several important ways from the common-law power-of-attorney statutes used in the other 49 states.

For the 50-state overview, see our national Power of Attorney guide.

What a Power of Attorney (Mandate) Is in Louisiana

Under La. Civ. Code art. 2989, a mandate is a contract by which a person, the principal, confers authority on another person, the mandatary, to transact one or more affairs for the principal. The word "mandate" is Louisiana's civil-law equivalent of what other states call a power of attorney. The person receiving authority is the mandatary, not the "agent" or "attorney-in-fact," though those terms appear in everyday practice.

A mandate may serve the exclusive interest of the principal, the mandatary, or a common interest, and it may be either compensated or gratuitous. In the absence of an agreement on compensation, the mandate is gratuitous under art. 2992.

The mandatary may perform all acts that are incidental to or necessary for performance of the mandate (art. 2995). However, certain acts require express authority, and the mandatary may not contract with himself or herself unless the principal authorizes it or, in making that contract, the mandatary is merely fulfilling a duty to the principal (art. 2998). The mandatary is a fiduciary: under art. 3001, the mandatary must fulfill the mandate with prudence and diligence and is liable for losses caused by failure to perform.

Does Louisiana Have a Durable Power of Attorney?

This is the most important civil-law distinction for Louisiana residents. Common-law states require a special "durable" clause to keep a power of attorney effective after the principal loses capacity. Louisiana reaches a similar outcome through a different route.

Under La. Civ. Code art. 3026, in the absence of a contrary agreement, neither the mandate nor the mandatary's authority is terminated by the principal's incapacity, disability, or other condition that makes an express revocation impossible or impractical. In plain terms: a standard Louisiana mandate already survives incapacity by default. There is no need to add a separate "durable" clause, because ordinary incapacity alone does not end the mandate.

The critical exception is formal interdiction. Under La. Civ. Code art. 3024(3), both the mandate and the mandatary's authority terminate when a curator qualifies after the interdiction of the principal. Louisiana interdiction (the civil-law equivalent of guardianship or conservatorship) is a formal court proceeding. Once a court declares the principal interdicted and a curator is appointed and qualified, the mandate ends and the curator takes over. Mere cognitive decline, illness, or informal incapacity does not reach that threshold.

To summarize: Louisiana does not need a separate "durable" designation because incapacity alone does not kill a mandate. But a mandate can still be ended by a court-ordered interdiction proceeding.

How to Create a Valid Louisiana Mandate (Authentic Act vs. Private Signature)

The form requirement for a Louisiana mandate depends entirely on what the mandatary is authorized to do.

Under La. Civ. Code art. 2993, the contract of mandate does not require any particular form on its own. A mandate may be oral or written. However, the article adds a critical rule: when the law prescribes a certain form for an act, a mandate authorizing that act must be in that same form.

The most common example is immovable property. Under La. Civ. Code art. 1839, a transfer of immovable property must be made by authentic act or by act under private signature. What the law prescribes is therefore a writing, not authentic form specifically. A mandate authorizing the sale of Louisiana real estate must accordingly be in writing, and an oral mandate will not do; but a written mandate under private signature can validly authorize the sale. Where the transfer itself is executed as an authentic act, signed before a notary and two witnesses, the mandate authorizing it must be in authentic form as well.

In practice, most Louisiana real estate mandates are notarized regardless of the minimum the Code requires. Title companies, lenders and the parish conveyance records commonly expect an authentic act, so a private-signature mandate that is legally sufficient may still be refused at the closing table. If the mandate is meant for a real estate sale, get a free case evaluation from a Louisiana lawyer on preparing it as an authentic act before the closing (attorney advertising).

For acts the law leaves formless (such as managing a bank account, filing a tax return, or handling personal property), a written mandate under private signature is sufficient, and no notary or witnesses are required by the mandate articles themselves. Practitioners commonly use a notarized written mandate even when it is not strictly required, because third parties such as banks may require it for reliance purposes. For those simpler, formless acts, an online generator can draft a Louisiana power of attorney that you can still have notarized as a practical precaution.

If the mandate is to be recorded in the public records (for example, because it involves real property), the recorded mandate rules of art. 3027 apply: any revocation or modification of a recorded mandate is ineffective against persons entitled to rely on the public records until the revocation is also filed for recordation.

What a Louisiana Mandatary Can and Cannot Do (Express-Authority Acts Under Art. 2997)

La. Civ. Code art. 2996 states that the authority to alienate, acquire, encumber, or lease a thing must be given expressly; neither the property nor its location need be specifically described.

La. Civ. Code art. 2997 identifies seven additional categories that require express authority in the mandate document:

1. Make an inter vivos donation, either outright or to a trust.
2. Accept or renounce a succession.
3. Contract a loan, acknowledge or remit a debt, or become a surety.
4. Draw or endorse promissory notes and negotiable instruments.
5. Enter into a compromise or refer a matter to arbitration.
6. Make health care decisions, such as consenting to surgery, nursing home residency, or medication.
7. Prevent or limit reasonable communication, visitation, or interaction between the principal and a relative within the third degree or a person with a close affective relationship.

A mandate that grants only general authority under art. 2994 does not cover any of the seven categories above. The mandate document must specifically grant each of these powers if the mandatary is to exercise them.

Health Care Declarations in Louisiana

The Louisiana Civil Code mandate articles do authorize a mandatary to make health care decisions if that authority is expressly granted (art. 2997(6)). However, Louisiana also has a separate statutory framework specifically for decisions about life-sustaining treatment.

The Louisiana Declaration Concerning Life-Sustaining Procedures Act, codified at La. R.S. 40:1151 et seq., allows a competent adult to create a written declaration instructing a physician to withhold or withdraw life-sustaining procedures if the person is diagnosed with a terminal and irreversible condition. The declaration may also authorize another person to make such decisions on the declarant's behalf.

Under the statute, these provisions are entirely voluntary. Nothing in the law requires anyone to create such a declaration, and the absence of a declaration does not prevent a physician or family from making good-faith treatment decisions.

The two frameworks operate in different spheres: a Civil Code mandate with express health care authority under art. 2997(6) covers ongoing health care decision-making for a living, potentially incapacitated principal. The R.S. 40:1151 declaration addresses the specific scenario of terminal illness and life-sustaining procedures. Individuals who want comprehensive coverage often address both in consultation with a Louisiana attorney.

Revoking or Ending a Louisiana Mandate

A Louisiana mandate ends in several ways:

Death. Under La. Civ. Code art. 3024(1), the mandate terminates on the death of either the principal or the mandatary. After the principal's death, the mandatary has no further authority, with one narrow exception: under art. 3030, the mandatary must complete an undertaking already commenced if delay would cause injury.

Revocation by the principal. Under art. 3025, the principal may terminate the mandate at any time. A mandate that is in the interest of the principal, and also of the mandatary or a third person, may be made irrevocable for the duration of the transaction if the parties agree.

Renunciation by the mandatary. Under art. 3029, the mandate ends when the mandatary notifies the principal of renunciation. If the mandatary reasonably believes the principal lacks capacity, the renunciation is effective only upon notification to another mandatary, a designated successor, or a person with a sufficient interest in the principal's welfare.

Interdiction. Under art. 3024(2) and (3), the mandate terminates on the interdiction of the mandatary or on the qualification of a curator after the interdiction of the principal.

Notice and public records. To be effective against third parties, revocation of a recorded mandate must be recorded in the same public records (art. 3027). A principal who revokes but fails to notify third parties with whom the mandatary was authorized to deal remains bound by the mandatary's subsequent acts under art. 3028.

Louisiana attorney disclaimer: This article provides general legal information about Louisiana's civil-law mandate framework and is not legal advice. Because Louisiana's civil-law system differs significantly from the common-law rules used in other states, anyone creating or relying on a Louisiana mandate should consult a licensed Louisiana attorney. Rules verified against La. Civ. Code arts. 2989 to 3032 (legis.la.gov) as of May 2026.

Content reviewed May 2026. Louisiana civil code articles verified at legis.la.gov.

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Frequently Asked Questions

Does Louisiana use the term 'power of attorney'?

Not in its Civil Code. Louisiana's civil-law system uses the term 'mandate' or 'procuration' under La. Civ. Code arts. 2989 to 3032. The person granting authority is the principal and the person receiving it is the mandatary. In everyday practice, Louisianans and financial institutions often use the phrase 'power of attorney,' but the governing legal framework is the mandate title.

Is a Louisiana mandate automatically durable?

Effectively yes, under La. Civ. Code art. 3026. In the absence of a contrary agreement, a mandate is not terminated by the principal's incapacity, disability, or other condition making revocation impossible or impractical. You do not need to add a special 'durable' clause. However, formal court-ordered interdiction of the principal followed by the qualification of a curator does end the mandate under art. 3024(3).

Does a Louisiana mandate need to be notarized?

It depends on the act authorized. Under art. 2993, a mandate must be in whatever form the law prescribes for the underlying act. La. Civ. Code art. 1839 requires a transfer of immovable (real) property to be made by authentic act or by act under private signature, so a mandate to sell or encumber real property must be in writing; an oral mandate will not do, but a written mandate under private signature can authorize the sale. If the transfer itself is executed as an authentic act, before a notary and two witnesses, the mandate must be in authentic form too. In practice most Louisiana real estate mandates are notarized anyway, because title companies, lenders and the conveyance records commonly expect an authentic act. A mandate for acts the law leaves formless (bank accounts, personal property, etc.) may be in writing without notarization.

Can a Louisiana mandatary make gifts without specific authorization?

No. Making an inter vivos donation is one of the seven acts that require express authority under La. Civ. Code art. 2997(1). A general mandate does not authorize the mandatary to give away the principal's assets. The mandate document must specifically grant the power to make gifts.

What is the difference between the Civil Code mandate and the Louisiana health care declaration?

They serve different purposes. A Civil Code mandate (arts. 2989 to 3032) with an express art. 2997(6) health care grant authorizes a mandatary to make ongoing health care decisions for a principal who may be incapacitated. The Louisiana Declaration Concerning Life-Sustaining Procedures (La. R.S. 40:1151 et seq.) is a separate document specifically addressing the withholding or withdrawal of life-sustaining treatment for terminally ill patients. Both may be relevant for comprehensive planning.

When does a Louisiana mandate end?

A mandate ends on: the death of the principal or mandatary (art. 3024(1)); revocation by the principal at any time (art. 3025); renunciation by the mandatary with notice (art. 3029); or formal interdiction of the principal followed by qualification of a curator (art. 3024(3)). Incapacity alone, without interdiction, does not end the mandate under art. 3026.

Does Louisiana follow the Uniform Power of Attorney Act?

No. Louisiana has not adopted the Uniform Power of Attorney Act (UPOAA) used by more than 30 other states. Louisiana operates under its own civil-law mandate framework in La. Civ. Code arts. 2989 to 3032, which reflects French and Spanish civil-law traditions rather than the common-law approach of the UPOAA.