Louisiana Power of Attorney Lawyer
Choose Who Can Act When You Cannot
Incapacity planning answers two different questions. Who can manage your property and finances? Who can speak with doctors and make medical decisions?
Louisiana uses mandates, commonly called powers of attorney, to grant that authority. A Living Will supplies separate instructions for limited end-of-life circumstances.
At Field Law, our Louisiana power of attorney lawyer coordinates these documents so each person has the right authority.
A coordinated Louisiana incapacity plan usually separates three jobs:
- General mandate: financial, property, business, and legal matters.
- Health care mandate: medical decisions when you cannot decide or communicate.
- Living Will: directions about life-sustaining procedures in defined end-of-life circumstances.
Two Types of Decisions Require Different Authority
Financial and Property
General Mandate
Names a mandatary to handle the financial, property, business, and legal powers you grant.
- Banking and bills
- Real estate and leases
- Insurance and benefits
- Business interests
- Taxes and legal matters
Medical and End-of-Life
Health Care Advance Directives
Names a medical decision-maker and records limited end-of-life instructions.
- Health care mandate
- Living Will declaration
- Treatment preferences
- Access to medical information
- Choice of health care agent
General Mandate: Financial and Property Authority
Louisiana Civil Code Article 2989 defines a mandate as a contract. The principal gives a mandatary authority to transact one or more affairs.
The document should identify who may act and what that person may do. Broad labels alone may not supply every power your family needs.
Principal
The principal creates the mandate and grants authority. You decide the agent, powers, timing, safeguards, and successor appointments.
Mandatary
The mandatary is the person commonly called the agent. This person must stay within the granted authority and owes duties to the principal.
Third Parties
Banks, title companies, insurers, and government agencies review the document before accepting the mandatary’s authority.
What Can a General Mandate Cover?
- Accessing accounts and paying bills.
- Managing investments and insurance.
- Buying, selling, leasing, or maintaining property.
- Handling taxes and government benefits.
- Operating or protecting a business interest.
- Hiring attorneys and other professionals.
- Managing digital accounts and records.
- Applying for benefits or care.
- Handling claims and legal proceedings.
- Completing specifically authorized estate-planning transactions.
Some powers require express language. Civil Code Article 2997 lists acts that must be expressly authorized. These include donations, loans, succession decisions, compromises, and health care decisions.
Does a Louisiana Mandate Remain Effective During Incapacity?
Generally, yes. Unless the agreement says otherwise, incapacity does not terminate the mandate or the mandatary’s authority. Civil Code Article 3026 states that rule.
This feature is commonly described as durability. The mandate may grant immediate authority or make selected authority dependent on a future event.
Immediate Authority
The mandatary can act after proper execution and acceptance. Immediate authority can avoid delays, but it requires a person you trust completely.
Conditional or “Springing” Authority
The authority begins after a stated condition. The document must explain who determines that the condition occurred and what proof third parties may request.
The Mandate Ends at Death
A power of attorney governs authority during the principal’s life. It does not authorize the mandatary to manage the principal’s succession after death.
At death, a Louisiana will, trust, beneficiary designation, or succession law controls the next step. Civil Code Article 3024 identifies death as a terminating event.
Health Care Mandates and Advance Directives
Health care planning has two separate components. You choose a person to make decisions, and you record instructions about certain treatment choices.
Health Care Mandate
A health care mandate names the person who can make medical decisions when you cannot. Louisiana law requires express authority for health care decisions.
Your agent may need to address surgery, treatment, medication, care facilities, medical expenses, and access to health information.
The mandate should also identify successor agents. A useful document anticipates that the first choice may be unavailable.
Learn more about choosing a Louisiana health care agent.
Living Will Declaration
A Louisiana Living Will records directions about withholding or withdrawing life-sustaining procedures. It applies only under the conditions stated by Louisiana law.
Under Revised Statute 40:1151.2, an adult may make a written declaration for a terminal and irreversible condition. The written declaration must be signed in the presence of two witnesses.
A Living Will Addresses:
- Defined terminal and irreversible conditions.
- A continual profound comatose state under the statute.
- Life-sustaining procedures.
- Artificial nutrition and hydration choices.
- Comfort care while allowing natural death.
It Does Not Replace:
- A health care agent for unexpected decisions.
- Consent for routine treatment.
- A general financial mandate.
- Discussion with family and physicians.
- Medical orders for a person already seriously ill.
You may register a Living Will with the Louisiana Secretary of State. Registration is optional, but copies should reach the people and providers who may need them.
Choosing Your Financial and Health Care Agents
The best financial mandatary may not be the best health care agent. You may choose the same person or different people.
Financial Agent
- Organized and dependable.
- Comfortable with records and deadlines.
- Able to separate your money from their own.
- Willing to communicate with your family.
Health Care Agent
- Understands your values and wishes.
- Can speak clearly under pressure.
- Will ask questions and seek information.
- Can carry out your choices despite disagreement.
What Happens Without Incapacity Documents?
A spouse or adult child does not automatically receive unlimited authority over your property. Institutions may refuse instructions from someone who lacks legal authority.
Your family may need an interdiction proceeding when less restrictive options cannot protect you. The court may determine incapacity and appoint a curator.
Interdiction involves court filings, evidence, legal representation, and continuing oversight. Planning ahead may reduce the need for that process. Read more about Louisiana interdiction.
Common Power of Attorney Problems
- Using an out-of-state or generic form.
- Leaving important powers unstated.
- Choosing an agent without a successor.
- Creating an unclear incapacity trigger.
- Failing to address digital property.
- Combining financial and medical authority carelessly.
- Assuming the document continues after death.
- Ignoring real-estate form and recordation issues.
- Giving unnecessary gifting authority.
- Failing to distribute health care copies.
When Should You Review These Documents?
Review your mandates after a major change and whenever your chosen agent may no longer be the right person.
- Marriage, divorce, or separation.
- Death or incapacity of an agent.
- A move into or out of Louisiana.
- A significant health diagnosis.
- Purchase or sale of a business.
- A major change in property.
- Family conflict or loss of trust.
- Institutional rejection of an older document.
How Field Law Builds an Incapacity Plan
We coordinate the people, powers, timing, and supporting documents.
- Identify the decisions: We separate financial authority from medical authority.
- Select the agents: We discuss primary and successor choices for each role.
- Define the powers: We include useful authority and address powers that require special care.
- Choose the timing: We discuss immediate and conditional authority.
- Prepare the directives: We coordinate the general mandate, health care mandate, and Living Will.
- Plan for use: We explain copies, storage, communication, and future review.
Field Law offers transparent flat fees for most estate plans. You will understand the scope and price before moving forward.
Meet Louisiana Estate Planning Attorney Morgan Field
Morgan Field is the Managing Attorney of Field Law in Baton Rouge. His practice focuses on Louisiana estate planning, successions, succession litigation, and appeals.
He helps clients coordinate wills, trusts, financial mandates, health care mandates, and Living Wills. His approach emphasizes clear authority and documents that work in real life.
Louisiana Power of Attorney FAQs
What is a power of attorney called in Louisiana?
Louisiana generally uses the term mandate. The person granting authority is the principal, and the person receiving authority is the mandatary.
Does a Louisiana power of attorney need to be notarized?
The required form depends on the authorized act. Louisiana Civil Code Article 2993 imposes no single form for every mandate, but the mandate must satisfy the form required for the act. Broad estate-planning mandates are commonly executed with a notary and witnesses.
Does incapacity end a Louisiana mandate?
Generally, no. Unless the agreement provides otherwise, incapacity does not terminate the mandate or the agent’s authority.
Can one person serve as both financial and health care agent?
Yes. You can choose one person for both roles or select different people. Separate documents help everyone understand which authority applies.
Is a Living Will the same as a health care mandate?
No. A health care mandate names an agent for medical decisions. A Living Will supplies instructions about life-sustaining procedures in limited circumstances.
Can my agent change my will?
No. A mandatary cannot make or revise the principal’s testament. Other estate-planning actions may require explicit authority and separate legal analysis.
Does a mandate remain effective after death?
No. Death terminates the mandate. The will, trust, beneficiary designations, and Louisiana succession law then control.
Can I revoke a Louisiana power of attorney?
A principal with capacity can generally revoke granted authority. Written notice, retrieval of copies, institutional notice, and public-record action may be necessary.
How much does a Louisiana power of attorney cost?
The cost depends on the authority, safeguards, supporting directives, and larger estate plan. Field Law quotes transparent flat fees for most estate-planning packages.
Louisiana Incapacity Planning Resources
Talk With a Louisiana Power of Attorney Lawyer
A strong incapacity plan gives the right people clear authority while preserving your instructions and control.
Field Law prepares coordinated general mandates, health care mandates, Living Wills, and estate plans for clients throughout Louisiana.
Last reviewed by Morgan Field, Managing Attorney, August 2026. This page provides general information and does not create an attorney-client relationship.
© 2026 Field Law. All rights reserved.
Responsible Attorney: James Morgan Field, III, Louisiana Bar Roll No. 34285. Attorney Morgan Field is listed with the Louisiana State Bar Association under his full name.
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