A power of attorney (POA), called a ‘mandate’ under Louisiana law, is a legal document that lets you choose someone you trust to make decisions for you. In Louisiana, knowing exactly what a power of attorney can and cannot do is important. It can save you from confusion, mistakes, or even legal problems down the road.
What a Power of Attorney Can Do
When you sign a power of attorney, you are giving someone authority to act on your behalf. That person is called your agent or attorney-in-fact. You decide how much power they get. Some POAs give broad authority, while others are very limited.
A common use is handling money. Your agent can pay bills, manage bank accounts, handle investments, or even sell property for you if the POA allows it. This can be a big help if you are busy, traveling, or unable to manage your finances on your own.
Louisiana also allows healthcare powers of attorney. This lets your agent make medical decisions for you if you cannot. However, your agent can only make medical decisions to the extent allowed in your healthcare POA and in accordance with your stated preferences or best interests. For example, they could follow your treatment wishes or approve a surgery if it aligns with what you have authorized. This ensures your medical decisions are handled the way you want, even if you cannot speak for yourself.
You can also create a limited power of attorney. This gives authority only for certain tasks or for a short time. For example, you may give someone permission to sell your car while you are out of town. Once the task is done, the power ends.
What a Power of Attorney Cannot Do
Even though a POA gives power, it has limits. Your agent cannot do anything you have not allowed. If your POA only covers finances, they cannot make healthcare decisions.
A POA also ends upon your death. After your death, your Last Will or Testament or Louisiana law decides what happens to your property. The person who had your POA no longer has any authority.
Your agent cannot break the law or commit fraud. Acting outside the powers you give can lead to legal trouble. Louisiana law holds agents responsible if they misuse a POA or act against your best interests.
Changing or Revoking a Power of Attorney
You can revoke a POA at any time if you are mentally able. This means canceling the document and taking away your agent’s authority. You must let the agent and any banks, doctors, or other institutions know that the POA is no longer valid.
You can also create a new power of attorney to replace an existing one. This is common when your health or life circumstances change, or when you want someone else to serve as your agent. Updating your POA helps ensure everything aligns with your current wishes.
Choosing the Right Agent
It’s also important to choose your agent carefully. This person should be trustworthy, responsible, and willing to act in your best interest. A poorly chosen agent can create confusion, delays, or even disputes, especially if multiple family members are involved. Taking the time to discuss your wishes and clearly outline your expectations can prevent misunderstandings and ensure your power of attorney works exactly as intended.
Getting Help with a Power of Attorney. Learn More
A power of attorney is a powerful tool, but it can also be complicated. Working with a Louisiana attorney can help ensure your POA does exactly what you intend. An attorney can confirm that the powers granted are clear and legally valid, helping you avoid mistakes that could cause problems later.
At Losavio & DeJean, LLC, we help clients create powers of attorney that protect their interests. Whether you need a general, healthcare, or limited POA, we can guide you through the process and make it easy to understand. To learn more, contact us today.