A power of attorney in Louisiana is customarily called a mandate. It is a written document that authorizes another person to transact affairs on behalf of a principal. The person you appoint to act on your behalf is the fiduciary. You may also hear them called an agent or attorney-in-fact. (This article uses mandate and power of attorney interchangeably.)

Mandates focus on financial powers, meaning the authority to make bank deposits, transfer funds to retirement accounts and cash checks. The assumption is that the fiduciary will act in good faith: They will be honest in their dealings or face legal consequences. Like other powers of attorney, you can make your mandate as limited or broad as needed.

Power of attorney or mandate forms are usually durable, meaning they remain in effect regardless of the principal’s disability or lack of mental capacity. The question of whether a power of attorney remains effective after disability does not frequently arise in Louisiana, so it is likely best to assume that your mandate remains effective even if you are incapacitated.

There are other types of power of attorney in Louisiana. If you are a service member, you can use a federal military power of attorney or the forms we provide.

Your fiduciary (agent or attorney-in-fact) should be someone trustworthy who understands your daily affairs. Many people choose a spouse, live-in partner, family member, or business partner to fulfill this role. Choose a successor fiduciary, too, in case your primary choice is unable to serve in the future.

Review the form carefully and assign any powers you wish for your fiduciary to perform on your behalf.

Fiduciary documents need your signature and the signatures of two witnesses who are not related to you or beneficiaries of your estate. If you hire a law firm to draft your power of attorney, your witnesses will likely be staff members.

Once you find witnesses, hire a notary public to acknowledge your power of attorney or mandate. Since you have to coordinate schedules between the witnesses and the notary, the easiest solution is to hire a mobile notary who can visit your home or office. If an attorney drafts your power of attorney, there will be a notary public on staff to fulfill this requirement.

Once you have witnesses and a notary available, sign the mandate and finalize it.

Store the original power of attorney in a safe deposit box or fireproof locked filing cabinet. Make copies and provide them to your fiduciary, loved ones, and anyone else affected by its contents. You also need to give a copy to your financial institution, so your fiduciary can manage your bank accounts.

If you decide to revoke a power of attorney, you need to sign a revocation of power of attorney form and provide it to your financial institution. Otherwise, your former fiduciary will still have access to your accounts.