1. Grant of Authority
I, the Principal, appoint the Agent as my true and lawful attorney-in-fact to act for me and in my name, place, and stead, with full power and authority to do any and all acts that I could do if personally present, subject to the limitations below.
This Power of Attorney is durable and shall not be affected by my subsequent disability, incapacity, or incompetence (La. R.S. 9:3861 et seq. and La. C.C. art. 3026).
It is [[immediately effective / springing and effective upon my incapacity as certified by a licensed physician]].
2. Powers Granted (Enumerated)
The Agent is authorized to:
- Real Property: Buy, sell, lease, mortgage, manage, repair, and improve any real property I own or may acquire in Louisiana or elsewhere.
- Personal Property: Buy, sell, lease, pledge, and manage tangible and intangible personal property.
- Banking and Financial: Open, close, and manage bank, brokerage, and investment accounts; make deposits and withdrawals; write checks; apply for credit; handle safe deposit boxes.
- Tax Matters: Prepare, sign, and file federal, state, and local tax returns; represent me before the IRS and Louisiana Department of Revenue; receive refunds.
- Insurance and Benefits: Purchase, modify, and make claims on insurance policies; apply for and manage government benefits (Social Security, Medicare, Medicaid, veterans benefits).
- Legal Proceedings: Initiate, defend, settle, or compromise any legal action or claim on my behalf.
- Gifts and Estate Planning: Make gifts to my spouse, children, and other natural objects of my bounty up to the annual gift tax exclusion; create or amend trusts for my benefit; execute deeds and transfers consistent with my estate plan.
- Healthcare Decisions (if combined): Coordinate with any healthcare power of attorney; access medical records under HIPAA.
- Digital Assets: Access and manage my digital accounts and assets as permitted by Louisiana law.
3. Hot Powers (Express Grant Required)
I expressly grant the Agent authority to:
- Make gifts in excess of the annual exclusion.
- Create, amend, or revoke trusts.
- Change beneficiary designations on accounts or insurance.
- Disclaim property or powers.
These hot powers are granted only to the extent permitted by Louisiana law and my estate plan.
4. Agent Duties and Standard of Care
The Agent shall act in my best interest, with the care of a prudent person, and in accordance with any known wishes or instructions I have given. The Agent shall keep accurate records and provide an accounting upon my request or the request of a court or successor agent.
5. Compensation and Expenses
The Agent may receive reasonable compensation for services and reimbursement for all reasonable expenses incurred in acting under this Power of Attorney.
6. Revocation and Termination
This Power of Attorney may be revoked by me at any time by written instrument delivered to the Agent. It shall terminate upon my death, or upon the occurrence of the event making it springing if not already effective, or by court order.
7. Reliance and Third-Party Protection
Any third party may rely upon this Power of Attorney and the Agent's acts without further inquiry. A photocopy or electronic copy has the same force as the original.
8. Governing Law
This Power of Attorney shall be governed by the laws of the State of Louisiana.
Signatures and Notarization
PRINCIPAL:
[[Principal Full Legal Name]]
Signature: _____________________________________________ Date: ___________
Agent Acceptance
I, [[Agent Full Legal Name]], accept appointment as Agent and agree to act in the Principal's best interest.
Agent Signature: _____________________________________________ Date: ___________
Notary Acknowledgment (Louisiana)
State of Louisiana
Parish of [[Parish]]
On this ___ day of ____________, 20___, before me personally appeared the Principal and Agent, who acknowledged execution of this instrument.
Notary Public: ______________________________________________
My commission expires: ________________ (Seal)
Exhibit A - Specific Limitations or Instructions
[[List any restrictions on powers or specific instructions here, or "None".]]
Summary Table
| Item | Value |
|------------------|--------------------------------------------|
| Principal | [[Principal Name]] |
| Agent | [[Agent Name]] |
| Effective | [[Immediate / Springing upon incapacity]] |
| Durability | Durable under Louisiana law |
| Date Executed | [[Date]] |
This Louisiana Power of Attorney is a sample durable financial power of attorney template aligned with La. R.S. 9:3861-3865 and Louisiana Civil Code provisions on mandate. It includes durability language, enumerated powers, express grant of hot powers, agent duties, and notarization. This is not legal advice. For healthcare decisions, a separate healthcare power of attorney or advance directive is recommended. Execution requirements and form may be affected by recent legislative changes. Consult a Louisiana attorney. Current as of June 2026.
Additional Provisions for Agent Liability and Records
The Agent shall not be liable for any act or omission taken in good faith in reliance on this Power of Attorney. The Agent shall maintain accurate records of all transactions and make them available to me or my legal representative upon request.
Revocation Procedure
Revocation shall be effective upon delivery of written notice to the Agent and any third parties who have relied on this instrument. Recording of revocation in the parish records is recommended if the Power of Attorney was recorded.
Successor Agent Provisions
If the primary Agent is unable or unwilling to serve, the successor Agent shall have all powers granted herein without further action. The successor may act upon written statement of the primary Agent's inability or upon court determination.
Liability Limitation
Third parties are protected in relying on the Agent's apparent authority as set forth in this document. The Principal ratifies all lawful acts of the Agent.
Recordkeeping Requirements
The Agent shall keep a journal of significant actions and retain receipts for all expenditures over $[[Amount]]. An annual accounting shall be provided to the Principal or a designated monitor if requested in writing.
Exhibit B - Special Instructions
[[Principal may add specific instructions regarding investments, gifting limits, business continuation, or end-of-life wishes here.]]
Acknowledgment of Receipt of Copy
I acknowledge that I have received a fully executed copy of this Power of Attorney.
Principal Initials: _____ Date: _______
Certification by Principal
I certify that I understand the nature and scope of the powers granted and that this Power of Attorney is executed voluntarily.
Principal Signature Confirmation: ________________________
End of Document.
