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Modified on
Sep 11, 2026
A power of attorney—called a mandate in Louisiana—is an important estate-planning document. However, it is not a cure-all. A mandate may help during incapacity, but it cannot solve every financial, medical, or estate issue.
When the Mandate Does Not Grant the Necessary Power
The mandatary can exercise only the authority that the document and Louisiana law provide. A broad statement allowing someone to “handle my affairs” may not authorize every transaction.
For example, Louisiana Civil Code Article 2996 requires express authority to buy, sell, mortgage, or lease property. Article 2997 also requires express authority for several important actions, including:
- Making donations
- Accepting or renouncing a succession
- Borrowing money
- Settling a claim
- Making health-care decisions
The exact language matters. A generic form may leave out the power your family eventually needs.
When a Bank or Other Institution Raises Questions
Even a valid mandate can cause practical problems if it is unclear, poorly drafted, or missing important authority. A bank, title company, or other institution may review the document closely before allowing a major transaction.
An older document does not automatically become invalid simply because of its age. Still, an outdated mandate may name someone who can no longer serve or fail to address newer accounts, digital assets, business interests, or long-term care concerns.
Naming one or more backup mandataries can also help if the first person dies, becomes incapacitated, refuses to act, or cannot be reached.
When the Principal Becomes Incapacitated
Louisiana law generally allows a mandate to continue during the principal’s incapacity unless the document says otherwise. Civil Code Article 3026 provides that incapacity ordinarily does not terminate the mandatary’s authority.
However, the mandate still may not solve the problem if:
- The document lacks a necessary power
- The mandatary refuses or cannot act
- Family members accuse the mandatary of misuse
- The principal needs protection beyond the mandate
- No one can determine whether a condition in a springing mandate has occurred
In some cases, the family may need court involvement or an interdiction proceeding. A court may also need to address misconduct by a mandatary. Field Law can help families evaluate interdiction when less restrictive options are insufficient.
When Health-Care Decisions Require More Planning
A financial mandate does not necessarily grant authority to make medical decisions. Louisiana requires express health-care authority, and a separate health-care power of attorney often makes those instructions easier for medical providers to identify.
A living will serves another purpose. It states the person’s wishes about life-sustaining treatment under specific end-of-life conditions. Therefore, families should not treat a general power of attorney as a replacement for advance health-care planning.
When the Principal Dies
A mandate only operates during the principal’s lifetime. Under Louisiana Civil Code Article 3024, the principal’s death terminates both the mandate and the mandatary’s authority.
After death, the former mandatary cannot continue paying bills, selling property, or managing accounts merely because the power of attorney names them. A succession representative, heir, legatee, trustee, or beneficiary may need separate legal authority.
When the Family Also Needs a Will or Trust
A mandate does not determine who inherits property. It also does not replace a will, beneficiary designation, or trust.
Each document has a different job:
- A mandate grants authority during life.
- A health-care power of attorney addresses medical decisions.
- A living will states end-of-life wishes.
- A will directs the estate at death.
- A trust may provide ongoing asset management during incapacity and after death.
Good planning coordinates these documents instead of relying on one of them to do everything.
If you are unsure whether your current power of attorney is enough, contact Field Law. We can review the mandate, identify missing authority, and help you build a Louisiana estate plan that works during incapacity and after death.
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