Louisiana Health Law / Louisiana Medical Consent Law / Louisiana Living Will

Louisiana Mandates - (Power of Attorney)

Louisiana Civil Code

CHAPTER 2. MANDATE

SECTION 1. GENERAL PRINCIPLES

Art. 2989. Mandate defined

A mandate is a contract by which a person, the principal, confers authority on another person, the mandatary, to transact one or more affairs for the principal.

Acts 1997, No. 261, §1, eff. Jan. 1, 1998.

Art. 2990. Applicability of the rules governing obligations

In all matters for which no special provision is made in this Title, the contract of mandate is governed by the Titles of "Obligations in General" and "Conventional Obligations or Contracts".

Acts 1997, No. 261, §1, eff. Jan. 1, 1998.

Art. 2991. Interest served

The contract of mandate may serve the exclusive or the common interest of the principal, the mandatary, or a third person.

Acts 1997, No. 261, §1, eff. Jan. 1, 1998.

Art. 2992. Onerous or gratuitous contract

The contract of mandate may be either onerous or gratuitous. It is gratuitous in the absence of contrary agreement.

Acts 1997, No. 261, §1, eff. Jan. 1, 1998.

Art. 2993. Form

The contract of mandate is not required to be in any particular form.

Nevertheless, when the law prescribes a certain form for an act, a mandate authorizing the act must be in that form.

Acts 1997, No. 261, §1, eff. Jan. 1, 1998.

Art. 2994. General authority

The principal may confer on the mandatary general authority to do whatever is appropriate under the circumstances.

Acts 1997, No. 261, §1, eff. Jan. 1, 1998.

Art. 2995. Incidental, necessary, or professional acts

The mandatary may perform all acts that are incidental to or necessary for the performance of the mandate.

The authority granted to a mandatary to perform an act that is an ordinary part of his profession or calling, or an act that follows from the nature of his profession or calling, need not be specified.

Acts 1997, No. 261, §1, eff. Jan. 1, 1998.

Art. 2997. Express authority required

Authority also must be given expressly to:

(1) Make an inter vivos donation, either outright or to a new or existing trust or other custodial arrangement, and, when also expressly so provided, to impose such conditions on the donation, including, without limitation, the power to revoke, that are not contrary to the other express terms of the mandate.

(2) Accept or renounce a succession.

(3) Contract a loan, acknowledge or make remission of a debt, or become a surety.

(4) Draw or endorse promissory notes and negotiable instruments.

(5) Enter into a compromise or refer a matter to arbitration.

(6) Make health care decisions, such as surgery, medical expenses, nursing home residency, and medication.

Amended by Acts 1981, No. 572, §1; Acts 1990, No. 184, §1; Acts 1992, No. 304, §1; Acts 1997, No. 261, §1, eff. Jan. 1, 1998; Acts 2001, No. 594, §1.

SECTION 4.  TERMINATION OF THE MANDATE AND OF THE AUTHORITY OF THE MANDATARY

Art. 3024.  Termination of the mandate and of the mandatary's authority

In addition to causes of termination of contracts under the Titles governing "Obligations in General" and "Conventional Obligations or Contracts", both the mandate and the authority of the mandatary terminate upon the:

(1)  Death of the principal or of the mandatary.

(2)  Interdiction of the mandatary.

(3)  Qualification of the curator after the interdiction of the principal.

Acts 1997, No. 261, §1, eff. Jan. 1, 1998.

Art. 3025.  Termination by principal

The principal may terminate the mandate and the authority of the mandatary at any time.  A mandate in the interest of the principal, and also of the mandatary or of a third party, may be irrevocable, if the parties so agree, for as long as the object of the contract may require.

Acts 1997, No. 261, §1, eff. Jan. 1, 1998.

Art. 3026.  Incapacity of the principal

In the absence of contrary agreement, neither the contract nor the authority of the mandatary is terminated by the principal's incapacity, disability, or other condition that makes an express revocation of the mandate impossible or impractical.

Acts 1997, No. 261, §1, eff. Jan. 1, 1998.