Louisiana General Durable Power of Attorney Appointing Agent to Act For Principal Regarding All Property Matters
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How to fill out General Durable Power Of Attorney Appointing Agent To Act For Principal Regarding All Property Matters?
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FAQ
If a loved one cannot direct their own healthcare, someone else may need to make the big health care decisions in their place. Louisiana law allows those decisions to be made under what is known as a ?durable power of attorney.? Here is a brief overview of attorney laws in Louisiana.
Even copies of the power of attorney must be certified through the original document. This is required whether or not your wishes are to be executed out-of-state. The notary must be qualified to notarize documents in the state and parish where the mandate is executed.
There is no ?Durable Power of Attorney? in Louisiana, as, unless otherwise stated, all contracts of Mandate survive incapacity. They become invalid upon death.
You can give someone the legal authority to act for you with a document called a Power of Attorney. If you give a Power of Attorney, you are called the principal and the person you give it to is called the agent or the attorney-in-fact.
Your POA must be in written form. Verbal POAs are not valid in Louisiana. You must notarize all of your POA documents, even the copies, in order to ensure it is certified under Louisiana law. Notarizing your documents means signing the document in front of a notary and two witnesses.
The POA cannot transfer the responsibility to another Agent at any time. The POA cannot make any legal or financial decisions after the death of the Principal, at which point the Executor of the Estate would take over. The POA cannot distribute inheritances or transfer assets after the death of the Principal.
A power of attorney (POA) is a legal contract that gives a person (agent) the ability to act on behalf of someone (principal) and make decisions for them. Short answer: The principal who is still of sound mind can always override a power of attorney.
However, a general power of attorney only operates while you are still coherent and mentally capable. It automatically expires upon incapacity or death. A durable power of attorney remains operational upon incapacity, although it expires upon death.