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Power of Attorney
Quite often in one's life instances occur in which we need to depend upon another person to perform an act on our behalf as if we were the person performing the act. Our inability to perform the act may arise from the fact that we cannot be physically present when the act must occur ( for example - a legal document must be signed but the person whose signature is required is out of town) or such inability could arise from an unexpected mental or physical disability. Whatever the case, life often requires that we have certain trusted individuals perform actions on our behalf and in our absence.
One manner in which authority to act can be vested in another person is through a Contract of Mandate. A mandate is a contract by which a person, the principal, confers authority on another person, the mandatory, to transact one or more affairs for the principal. This is commonly referred to as a Power of Attorney.
Louisiana law allows for the principal to confer on the mandatory general authority to do whatever is appropriate under the circumstances. However, to perform certain actions the principal must expressly confer the authority to act upon the mandatory.
A specific mandate is required in the following instances:
1. To grant authority to alienate, acquire, encumber or lease a thing;
2. To make an inter vivos donation (a donation of a thing or right to another during the lifetime of the donor);
3. Accept or renounce a succession;
4. Contract a loan, acknowledge or make remission of a debt, or become a surety,
5. Draw or endorse a promissory note and negotiable instruments;
6. Enter into a compromise or refer a matter to arbitration:
7. Make health care decisions, such as surgery, medical expenses, nursing home residency, and medication.
In practice a mandate can be limited to authorizing the mandatory to perform a certain act at a certain time or it can be as broad as authorizing the mandatory to perform any actions on behalf of the principal. We have provided two options for authorizing a mandate of power of attorney.
1. General Power of Attorney
This document provides a very broad all encompassing mandate to the mandatory. In addition to the general authority granted by the document, it grants the mandatory express authority to take all of the actions listed in paragraphs 1 through 6 above. It
does not provide for the express authority to make health care decisions, such as surgery, medical expenses, nursing home residency and medication. $50.00
2. Medical Power of Attorney
This document provides express authority for the mandate to act on behalf of the principal in making healthcare decisions for the principal in instances in which the principal is unable to make decisions for themselves. $50.00
The following information is needed for us to complete your General Power of Attorney:
Your Full Name
Date of Birth
Complete Address Street, City, Parish, State, Zip Code
Phone Number
Marital History Number of Marriages,
Method in which each marriage ended
Current spouses name, if applicable
Mandate�s (agent) Full Name
If you desire to obtain a Power of Attorney or other legal services from Smith & John,
please call us at (318)219-1001.
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