|
|
Last
Modified on
Aug 02, 2026
Planning for incapacity means deciding who will have the legal authority to manage your affairs if an illness, injury, or cognitive decline prevents you from acting for yourself.
Many people assume that a spouse or adult child will automatically be able to access accounts, sign documents, manage property, or make every necessary decision. Although Louisiana law may give family members limited rights in particular circumstances, marriage or kinship alone does not provide broad authority to act for another competent adult.
A properly prepared Louisiana contract of mandate—commonly called a power of attorney—allows you to choose who will act for you and define what that person may do.
What Is a Louisiana Contract of Mandate?
Under Louisiana Civil Code article 2989, a mandate is a contract through which one person, called the principal, gives another person, called the mandatary, authority to transact one or more affairs for the principal.
“Mandatary” is the correct Louisiana legal term for the person receiving the authority. In everyday conversation, that person may also be called an agent or representative.
A mandate can authorize the mandatary to handle matters such as:
- Paying bills and managing bank accounts
- Buying, selling, or maintaining property
- Handling insurance and tax matters
- Managing business interests
- Communicating with financial institutions
- Signing contracts or other documents
- Making health-care decisions, if that authority is expressly granted
The authority may be broad or limited to a particular transaction. The document may also name a successor mandatary in case the first person becomes unwilling or unable to serve.
A Mandate Can Continue During Incapacity
One of the most important reasons to prepare a mandate is to plan for possible incapacity.
Under Louisiana Civil Code article 3026, a principal’s incapacity, disability, or similar condition does not terminate the mandate unless the parties agreed otherwise. This means a properly drafted mandate will generally continue to operate when the principal can no longer manage his or her own affairs.
Having a mandate in place may reduce the likelihood that family members will need to pursue an interdiction or another court proceeding to obtain authority. It does not guarantee that court involvement will never be necessary, but it can provide a trusted person with important authority before a crisis occurs.
Learn more about how Field Law prepares Louisiana powers of attorney and contracts of mandate.
Some Powers Must Be Granted Expressly
A general statement giving someone authority to handle your affairs may not be enough for every transaction.
Louisiana Civil Code article 2997 requires express authority for several significant actions, including:
- Making lifetime donations, including donations to a trust
- Accepting or renouncing a succession
- Borrowing money, acknowledging or forgiving a debt, or becoming a surety
- Drawing or endorsing promissory notes and negotiable instruments
- Entering into a compromise or agreeing to arbitration
- Making health-care decisions, including decisions involving surgery, medication, medical expenses, or nursing-home residency
- Restricting certain communications or visits with the principal
This is one reason generic online forms can create problems. A form that does not contain the language required by Louisiana law may fail precisely when the family needs it most.
Louisiana law does not require every mandate to take the same form. However, when the law requires a particular form for the authorized transaction, the mandate must satisfy that form as well. This can be especially important when the mandatary will be authorized to handle immovable property. See Louisiana Civil Code article 2993.
Financial and Health-Care Authority Can Be Separated
You do not have to give one person authority over every part of your life.
For example, you might choose a financially experienced family member to manage accounts and property while appointing someone else to make medical decisions. Separating these responsibilities can be useful when the people you trust have different abilities or relationships with you.
A health-care power of attorney should also be coordinated with any advance directive you have prepared. These documents serve related but different purposes. A health-care mandate appoints someone to make medical decisions, while an advance health-care directive states your wishes concerning life-sustaining treatment under certain circumstances.
Choosing the Right Mandatary
The authority granted through a mandate can be extensive, so the person you appoint should be chosen carefully. Consider whether the person:
- Is trustworthy and responsible
- Understands your wishes and priorities
- Can maintain accurate financial records
- Will communicate with your family and professional advisers
- Has the time and willingness to serve
- Can make difficult decisions without being pressured by others
- Has the appropriate financial, business, or health-care experience
Naming a qualified successor is also important. If the first mandatary dies, resigns, becomes incapacitated, or refuses to serve, a successor can prevent a gap in authority.
A Mandatary Has Enforceable Duties
A mandate does not give the mandatary ownership of the principal’s property or unlimited discretion.
Under Louisiana Civil Code article 3001, a mandatary must perform the accepted mandate with prudence and diligence and may be responsible for losses caused by a failure to perform those duties.
The mandatary must remain within the authority granted by the document. The mandatary may not use the principal’s property as though it were his or her own, and self-dealing is restricted unless properly authorized. When requested by the principal—or when circumstances require it—the mandatary must also provide information and account for the performance of the mandate under Louisiana Civil Code article 3003.
Clear drafting can reduce misunderstandings and make it easier to determine whether a proposed action is authorized.
A Contract of Mandate Ends at Death
A mandate operates during the principal’s lifetime. It does not replace a will, trust, or succession plan.
Under Louisiana Civil Code article 3024, the mandate and the mandatary’s authority terminate upon the death of the principal. After death, authority over estate property generally passes through the succession process to a court-appointed succession representative or to the appropriate heirs or legatees.
In practical terms:
- A mandate governs who may act for you during your lifetime.
- A will governs how property is distributed after your death.
- A health-care power of attorney authorizes medical decisions.
- An advance directive expresses wishes about life-sustaining treatment.
- A trust may govern property held in the trust during life and after death.
These documents should be prepared as coordinated parts of a complete Louisiana estate plan.
When Should You Review Your Mandate?
A contract of mandate should be reviewed periodically and after a major life change, including:
- Marriage or divorce
- The death or incapacity of a mandatary
- A serious health diagnosis
- A change in family relationships
- The purchase or sale of significant property
- Starting, acquiring, or selling a business
- A move to or from Louisiana
- A change in the people you trust to make decisions
Even if the mandate remains legally valid, an outdated document may give authority to the wrong person or omit powers that are now important.
Field Law Can Help You Prepare a Louisiana Contract of Mandate
A carefully drafted mandate can give someone you trust the authority to protect your property, manage essential obligations, and make decisions if you cannot act for yourself. The document should reflect your specific assets, relationships, concerns, and instructions—not merely provide generic authority.
Field Law helps individuals and families throughout Louisiana prepare contracts of mandate, health-care powers of attorney, advance directives, wills, and coordinated estate plans. To discuss the documents appropriate for your circumstances, contact Field Law to schedule a consultation.
