At Buhrer Law Firm, we represent individuals and families in Metairie, Jefferson Parish, and the greater New Orleans area in creating powers of attorney that are clearly written, legally sound, and built around real-life needs. Whether you are planning ahead or addressing a time-sensitive situation, we help you put the right authority in place so decisions can be handled without delay.
Why Choose Buhrer Law Firm
Clients in Metairie turn to us for clear guidance and carefully drafted estate planning documents.
- R. Scott Buhrer has been practicing Louisiana law since 1986
- AV Preeminent rating from Martindale-Hubbell
- Court-appointed Special Master experience
- JD and MBA background with insight into financial matters
- Direct, one-on-one attention throughout the process
What Is a Power of Attorney in Louisiana?
A power of attorney, referred to as a “mandate” under Louisiana law, is a legal document that allows you to appoint an agent to act on your behalf. The authority you grant can be broad or limited to specific tasks, depending on how the document is written.
A properly drafted mandate can allow your agent to:
- Manage bank accounts and pay bills
- Handle real estate or business transactions
- Make healthcare decisions if you are unable to do so
- Address legal or administrative matters
Louisiana follows a civil law system, and powers of attorney must meet specific requirements to be enforceable. The wording matters; if authority is not clearly stated, banks, healthcare providers, or other institutions may refuse to accept the document.
What Types of Power of Attorney Are Available?
The right type of power of attorney depends on your goals and when you want the authority to apply.
General Power of Attorney
Grants broad authority to handle financial and legal matters. This is often used when someone needs ongoing assistance or cannot be present for transactions.
Limited Power of Attorney
Restricts authority to a specific task or time period, such as completing a real estate closing while you are out of state.
Durable Power of Attorney
Remains in effect if you become incapacitated. This is a common choice for long-term planning because it allows someone to step in if you cannot manage your affairs.
Healthcare Power of Attorney (Mandate for Healthcare)
Authorizes someone to make medical decisions on your behalf if you cannot communicate your wishes. This works alongside a living will, which outlines your preferences for care, but serves a different role by naming a decision-maker.
When Should You Create a Power of Attorney?
The best time to create a power of attorney is before any loss of capacity. Once someone is no longer able to understand or sign legal documents, it is too late to put one in place.
A power of attorney can be useful in many situations:
- Planning for future incapacity
- Preparing for surgery or medical treatment
- Traveling frequently or living outside of Louisiana for part of the year
- Managing business or financial matters remotely
Without this document, your family may need to go through a court process to gain the authority to act for you.
What Happens If You Do Not Have a Power of Attorney?
If you become incapacitated without a valid power of attorney, your spouse or adult children do not automatically have the legal authority to manage your finances or make binding decisions on your behalf.
Instead, they may need to file for an interdiction. This is Louisiana’s court process for appointing a curator to manage an incapacitated person’s affairs. Interdiction proceedings can be time-consuming, public, and more costly than planning ahead with a properly drafted document.
What Makes a Power of Attorney Valid in Louisiana?
Louisiana law sets formal requirements for a power of attorney to be enforceable. If those requirements are not met, the document may be rejected when it is needed.
To be valid, a power of attorney in Louisiana should:
- Be in writing
- Clearly identify the principal and the agent
- Describe the authority being granted with enough detail
- Be signed in the presence of a notary and two witnesses
Certain powers, such as making gifts or handling real estate, must be expressly stated. Careful drafting helps ensure the document will be accepted and used as intended.
How Do You Choose the Right Agent?
The person you appoint as your agent will have significant responsibility. Choosing the right individual is an important part of the process.
You may want to consider:
- Trustworthiness and reliability
- Ability to manage financial or healthcare decisions
- Willingness to act in your best interests
- Communication with family members and professionals
We work with you to structure the document to reflect your preferences and include appropriate limits where needed.
Can a Power of Attorney Be Changed or Revoked?
You can change or revoke a power of attorney at any time, as long as you have legal capacity. Updates are often needed after major life events such as marriage, divorce, or changes in financial circumstances.
We can help you review your existing documents, make updates, or revoke a prior power of attorney so your plan stays current.
Speak With Our Metairie Power of Attorney Lawyer
A power of attorney allows you to stay in control by deciding in advance who can act on your behalf and under what conditions. The terms you include will determine how the document works in real situations.
At Buhrer Law Firm, we help clients in Metairie create powers of attorney that meet Louisiana’s legal requirements and reflect their goals. Contact us to discuss your situation and put a plan in place that works when it is needed.
Frequently Asked Questions
Does a power of attorney expire in Louisiana?
It depends on the terms of the document. Some are limited to a specific timeframe or task, while others remain in effect until revoked or until death.
Can I name more than one agent?
Yes. You can appoint co-agents or name a primary agent with one or more successors. The document should explain how decisions will be handled.
Does a power of attorney cover everything in my estate plan?
No. A power of attorney only applies during your lifetime. Wills, trusts, and other documents control how assets are handled after death.