Legal Louisiana Durable Power of Attorney Template Edit Document Online

Legal Louisiana Durable Power of Attorney Template

The Louisiana Durable Power of Attorney form is a legal document that allows an individual to appoint another person to make decisions on their behalf, especially in financial matters, in the event that they become unable to do so themselves. This type of authorization is especially crucial for ensuring that one's affairs are managed according to their wishes, even during unforeseen circumstances. In the state of Louisiana, this document must meet specific legal standards to be considered valid.

Edit Document Online
Content Navigation

Imagine a situation where, due to unforeseen circumstances, an individual is unable to make decisions regarding their own financial affairs. This is where the Louisiana Durable Power of Attorney form becomes a vital document. It's a legal tool that allows a person, known as the principal, to designate another individual, known as the agent or attorney-in-fact, to handle financial matters on their behalf. What makes the form "durable" is its ability to remain in effect even if the principal becomes incapacitated, ensuring that their financial interests are managed according to their wishes. In Louisiana, like in many states, this document requires specificity regarding the powers granted to the agent and must adhere to state laws for it to be valid. It also needs to be notarized to take effect. Whether it’s managing property, investments, or day-to-day expenses, the Louisiana Durable Power of Attorney form empowers agents to act in the best interest of the principal, making it an essential component of financial planning and security.

Document Example

LOUISIANA DURABLE POWER OF ATTORNEY

This Durable Power of Attorney is created in accordance with the Louisiana Revised Statutes, Title 9: Civil Code-Ancillaries, Code Title IV: Powers of Attorney, specifically §3901, et seq., pertaining to the durable power of attorney laws in the State of Louisiana.

The Principal, __________________________ [Insert the full name of the Principal], residing at ____________________________________________ [Insert Principal’s complete address], hereby appoints __________________________ [Insert the full name of the Agent] of ____________________________________________ [Insert Agent’s complete address], as my true and lawful attorney-in-fact to act in my name, place, and stead in any way which I myself could do if I were personally present, with respect to the following matters as each is defined in the Louisiana Revised Statutes, to the extent that I am permitted by law to act through an agent:

  1. Real property transactions;
  2. Tangible personal property transactions;
  3. Stock and bond transactions;
  4. Commodity and option transactions;
  5. Banking and other financial institution transactions;
  6. Business operating transactions;
  7. Insurance and annuity transactions;
  8. Estate, trust, and other beneficiary transactions;
  9. Claims and litigation;
  10. Personal and family maintenance;
  11. Benefits from social security, Medicare, Medicaid, or other governmental programs, or military service;
  12. Retirement plan transactions;
  13. Tax matters.

This Durable Power of Attorney shall not be affected by subsequent incapacity of the Principal except as may be provided by the law of the State of Louisiana.

This Power of Attorney shall remain in effect until __________________ [Insert the date of termination], unless it is revoked earlier.

In witness thereof, the Principal has executed this Durable Power of Attorney on this day, ________ of _______________, 20____.

______________________________
[Principal’s Signature]

______________________________
[Printed Name of Principal]

State of Louisiana
Parish of ________________________

On this, the ______ day of ________________, 20____, before me, the undersigned notary public, personally appeared _______________________ [Insert the name of the Principal], known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained.

In witness whereof, I hereunto set my hand and official seal.

______________________________
[Notary Public’s Signature]

______________________________
[Printed Name of Notary Public]

My Commission Expires: _______________

Form Attributes

Fact Description
Purpose It allows an individual to designate another person to make financial decisions on their behalf.
Authority Granted The form grants broad authority, including handling financial and real estate transactions, and managing personal and business affairs.
Durability It remains in effect even if the principal becomes incapacitated, ensuring continuity in managing the principal’s affairs.
Governing Law Louisiana Civil Code provisions related to mandates and powers of attorney regulate the form and its use.
Legal Requirements Must be completed as per Louisiana law, including being dated and notarized, and sometimes witnessed, depending on the nature of the authority granted.
Revocation The principal can revoke the power of attorney at any time as long as they are mentally competent, through a written notice to the appointed agent.
Execution Requirements To be legally valid, it must meet specific signing requirements under Louisiana law, including notarization.

Instructions on Utilizing Louisiana Durable Power of Attorney

Filling out a Durable Power of Attorney form in Louisiana is a crucial step in planning for the future. It allows an individual to appoint another person, known as an agent, to make decisions on their behalf should they become unable to do so. This document touches on financial, legal, and property matters, enabling the agent to act with the principal's best interests in mind. The following steps will guide you through completing the form accurately and thoroughly, ensuring it meets all necessary legal requirements in Louisiana.

  1. Begin by reading the entire form carefully. Understanding every section before starting will help in filling it out correctly.
  2. Enter the full legal name and address of the principal (the person granting the power) at the top of the form.
  3. In the space provided, insert the full legal name and address of the agent (the person who will be granted the power).
  4. If the form allows for the appointment of a successor agent, enter their full legal name and address. This is someone who will take over the agent's responsibilities if the initial agent is unable or unwilling to perform their duties.
  5. Specify the powers being granted to the agent. This may involve checking boxes next to listed powers or writing specific instructions in a provided space. Ensure clarity on what the agent can and cannot do.
  6. Read the special instructions section, if any, very carefully. This area allows for any limitations or specific behaviors the principal desires. For example, the principal can limit the agent’s power to certain assets or types of decisions.
  7. Date the document. In Louisiana, the date you sign the form is when it becomes effective, unless otherwise specified in the document itself.
  8. The principal must sign the form in front of a notary public. In Louisiana, the notarization of the principal’s signature is required for the power of attorney to be legally binding.
  9. Have the form witnessed, if required. Louisiana law might require witnesses to the principal's signature, alongside the notarization. Check the current legal requirements for the exact witness specification.
  10. After completing and signing the document, store it in a safe but accessible place. Make sure the agent (and any successor agents) have copies or know where the document is stored.

Upon completion, the Durable Power of Attorney form gives the agent authority to act on the principal's behalf, adhering strictly to the specified powers. It is pivotal to discuss the contents of this document and the expectations it sets with the appointed agent beforehand. This ensures that the agent understands their role and responsibilities. Proper completion and safekeeping of this document safeguard the principal's interests and provide peace of mind for all parties involved.