|
|
Last
Modified on
Aug 02, 2026
Louisiana law allows a person to sign authority that does not become effective immediately. Instead, the authority becomes effective only after the person experiences a legally established disability. Although this arrangement is commonly called a “springing power of attorney,” Louisiana law calls it a conditional procuration.
The governing statute is Louisiana Revised Statute 9:3890. That statute does more than permit springing authority. It establishes the specific process that must be followed before the representative may begin acting.
What Is a Conditional Procuration?
Under La. R.S. 9:3890, a conditional procuration is a written document stating that the procuration becomes effective upon the principal’s disability.
The principal is the person granting authority. The person appointed to act is generally called the representative, agent, or mandatary.
Louisiana law gives “procuration” a specific meaning. Under Civil Code article 2987, a procuration is a unilateral legal act through which a principal gives another person authority to represent the principal in legal relations. A mandate, by comparison, is the contract between the principal and the mandatary.
These terms are often grouped under the more familiar phrase “power of attorney.” However, the statutory term for authority that becomes effective upon disability is conditional procuration.
How Does the Authority “Spring” Into Effect?
The appointed representative cannot simply decide that the principal has become disabled. The principal’s family also cannot activate the document based only on their personal observations.
La. R.S. 9:3890 requires the principal’s disability to be established through an authentic act stating that, because of an infirmity, the principal is unable consistently to make or communicate reasoned decisions concerning the care of the principal’s person or property.
The statute ordinarily requires that authentic act to be signed by two Louisiana-licensed physicians who have personally examined the principal.
There is one statutory alternative. If the conditional procuration expressly provides for it, the authentic act may instead be signed by:
- The principal’s attending physician, who must be licensed by the Louisiana State Board of Medical Examiners; and
- The agent appointed in the conditional procuration.
That alternative must be authorized in the conditional procuration itself. It should not be assumed that one physician and the appointed agent can always activate the document.
Once disability has been established in the manner required by the statute, the conditional procuration has the same effectiveness as any other procuration.
A Conditional Procuration Is Different From an Ordinary Durable Mandate
An ordinary Louisiana mandate generally becomes effective when it is executed. Unless the document provides otherwise, Civil Code article 3026 states that the principal’s incapacity or disability does not terminate the mandate or the mandatary’s authority.
In other words, an ordinary mandate is generally:
- Effective immediately; and
- Not terminated merely because the principal later becomes incapacitated.
A conditional procuration works differently. The representative has no authority under the document until the principal’s disability has been established in accordance with La. R.S. 9:3890.
This distinction matters. With an immediately effective mandate, the appointed person may be able to help with financial matters before a crisis develops. With a conditional procuration, banks, financial institutions, title companies, and other third parties may require both the original authority and the authentic act establishing disability before recognizing the representative’s authority.
Why Would Someone Choose a Springing Mandate?
Some people are uncomfortable granting another person immediate access to their financial and legal affairs. They want to manage their property independently for as long as they are able and permit someone else to act only after a serious illness, injury, or cognitive decline.
A conditional procuration can address that concern by delaying the representative’s authority until the statutory disability requirement has been satisfied.
However, the delayed activation can also create practical problems. The family may need to arrange examinations, obtain the required physicians’ signatures, complete an authentic act, and satisfy a financial institution’s legal department before the representative can access funds or manage property.
Those delays may occur at precisely the time when bills must be paid, insurance must be maintained, or urgent decisions must be made. For that reason, deciding between an immediately effective mandate and a conditional procuration requires more than selecting a form.
What Authority Does the Representative Receive?
La. R.S. 9:3890 determines when the conditional procuration becomes effective. It does not automatically give the representative every possible power.
The document must still describe the authority being granted. Depending on the principal’s needs, that authority may include managing bank accounts, paying expenses, handling insurance, dealing with investments, operating a business, filing taxes, or buying, selling, leasing, or mortgaging property.
Louisiana law requires certain powers to be granted expressly. A conditional procuration should therefore be drafted around the principal’s actual property, responsibilities, and estate plan.
Is a Conditional Procuration the Same as a Healthcare Directive?
No. A conditional procuration may grant authority involving the care of the principal’s person or property, but it should not be treated as a substitute for every healthcare-planning document.
An advance directive for healthcare addresses decisions involving medical treatment and end-of-life care. An estate plan may also include separate authority for healthcare decisions.
The documents should be coordinated so that the people responsible for financial matters and medical decisions understand their respective roles.
Does a Springing Mandate Continue After Death?
No. A mandate or procuration is intended to allow someone to act for a living principal. Under Civil Code article 3024, the mandate and the mandatary’s authority terminate upon the principal’s death.
After death, authority over the estate ordinarily belongs to a court-appointed succession representative or another person authorized under Louisiana succession law. An agent cannot continue using the deceased principal’s power of attorney to access accounts or transfer property.
Field Law Can Help
A springing power of attorney can provide an additional layer of control, but it must be drafted and activated in accordance with Louisiana’s conditional-procuration statute. Unclear disability provisions or incomplete authority can leave a family unable to act when help is needed most.
Field Law can help you decide whether an immediately effective mandate or a conditional procuration better fits your circumstances. We can also coordinate your mandate with your will, trusts, healthcare documents, and broader estate plan. Contact Field Law to schedule a consultation about creating or updating your Louisiana estate-planning documents.
