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Question
Do I really need a power of attorney?
A power of attorney is an excellent precaution in case you become incapacitated. If you cannot manage your financial affairs on your own, your loved ones usually have to pursue a conservatorship or other fiduciary arrangement. The process takes a long time and often incurs considerable legal fees. Meanwhile, a power of attorney takes less time and offers the same reassurance without high costs.
Some situations make a power of attorney especially necessary. If you face any of these higher-risk circumstances, you should prioritize creating a power of attorney:
- Chronic or terminal medical condition
- Service in the armed forces
- Risky line of work that includes hazardous conditions or exposure to toxins
- Frequent travel abroad for work or personal matters.
FindLaw provides everything you need to make your power of attorney.
Click on the links below to jump down the page:
How it works
The process takes less than an hour, and you can complete it from the comfort of your home.
Create an account
Create a secure account which is accessible through an easy dashboard you can access any time
Gather information
Indicate who your agent will be and what authority you want them to have
Complete your document
Answer all questions, then we’ll generate your digital documents for downloading, printing, and signing
Make it legal
Carefully follow the instructions provided in the form, which may include signing your documents in front of witnesses or a notary
Plan for your future with confidence
This free guide will help you:
Learn the most common estate planning terms
Understand the essential estate planning tools
Gather critical information with an estate planning checklist
How to get a power of attorney in Louisiana
Understand how a POA (“mandate”) works in Louisiana
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.
Choose your fiduciary
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.
Assign powers
Review the form carefully and assign any powers you wish for your fiduciary to perform on your behalf.
Find witnesses
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.
Hire a notary public
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.
Sign the mandate
Once you have witnesses and a notary available, sign the mandate and finalize it.
Make copies
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.
Commonly asked questions about powers of attorney in Louisiana
You can find free power of attorney forms online. However, there is a substantial risk when it comes to these forms. Louisiana operates on a different code system than the rest of the United States. Forms that work in other states will likely fail legal scrutiny under Louisiana state law. There is a good chance that free forms will not meet legal requirements.
Louisiana is different from other states, and there is a risk if you do not hire a lawyer to at least review a completed form from most sources. Common online forms that work for other states do not work in this one. Our forms are tailored to Louisiana law. Most people do not need a lawyer to complete a simple power of attorney through our service.*
There are situations, however, where you should consider working with a lawyer, including:
- There is financial conflict in your family
- You would like an attorney to act as your agent
- You own a business
- You want to use a POA for Medicaid planning
- You want an attorney to review your completed document
FindLaw offers the largest attorney directory in the nation. If you’d like to talk to a lawyer about your power of attorney, visit our directory to find an experienced lawyer near you.
*FindLaw is not a law firm, and the forms are not a substitute for the advice or services of an attorney.
You may want to speak with a lawyer if:
- You don’t know who to choose as your agent
- You want to use a POA for Medicaid planning
- You want to discuss which powers you should give your agent
- You want legal review of your completed power of attorney
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