The LA Civil Code 2989 defines the power of attorney mandate as a contract allowing the person, or the principal, to designate another person, the mandatary, to transact their affairs on their behalf. The LA Rev Stat § 9:5647 states any interested individual may file a lawsuit to prevent an agent from abusing their powers allowed under Louisiana’s power of attorney.
Unlike many other states, the Louisiana Civil Code 2993 states power of attorney (POA) does not rely on a particular form. However, to make decisions that require specific forms, it must include the POA. Title 40, Section 1151 of the Louisiana Revised Statutes (RS §40:1151) outlines the requirements for a power of attorney to make healthcare decisions for the principal.
Louisiana Durable Power of Attorney
The Louisiana Durable Power of Attorney mandates that the signed contract remains effective in the event the principal becomes debilitated. Having a document that is not durable means the document will terminate once you lose capacity. Having a durable POA ensures someone will be able to make decisions for you if you are unable to.
Louisiana General Power of Attorney
The General Power of Attorney is a legal document in Louisiana that gives non-specific powers to the agent. This may include healthcare decisions, managing personal finances, and opening financial accounts for the principal. The general POA contract terminates when the principal revokes the POA, becomes incapacitated, or passes away.
Louisiana Limited Power of Attorney
The Limited Power of Attorney form Louisiana is a document granting your agent specific or limited powers. One example is granting an agent the authority to sell real estate pieces for a determined price. The POA can also limit the time frame during which an agent can act.
Louisiana Medical Power of Attorney
The Medical Power of Attorney document allows you to designate a person you know and trust to make medical decisions for you in the event you become incapacitated. Medical decisions usually relate to your “person” and may include:
- Consent for medical treatments or diagnostic procedures.
- Service arrangements for your care.
- Access to your protected health information.
Louisiana Minor (Child) Power of Attorney
The Minor Child Power of Attorney is a document provided by the parent of a minor that grants specific powers to a selected guardian or caregiver to care for the child in the event of their illness or absence. Parents do not lose their rights to their children but permit other guardians to provide complete care.