Question 1

Why does Louisiana call it a 'mandate' instead of a 'power of attorney'?

Accepted Answer

Louisiana inherited its legal vocabulary from the French Civil Code and the Napoleonic tradition. Under Civil Code Article 2989, a 'mandate' is a contract whereby one person — the mandator — confers authority on another person — the mandatary — to transact one or more affairs on the mandator's behalf. The common law term 'power of attorney' is widely understood in Louisiana and appears in everyday conversation, but the operative legal concept is the mandate. Court filings, notarial records, and parish recording offices all use the civil law terminology. Our templates include both terms so the document is understood by Louisiana notaries and out-of-state institutions alike.

Question 2

What exactly is an 'authentic act' and why does Louisiana require it?

Accepted Answer

An authentic act is a document executed before a notary public and two competent witnesses who all sign simultaneously. Under Louisiana Civil Code Article 1833, an authentic act constitutes full proof of the agreement it contains against the parties and their heirs. This is a higher evidentiary standard than simple notarization in common law states, where the notary merely verifies identity. In Louisiana, the notary is a quasi-judicial officer — often an attorney — who attests to the act itself. The two witnesses provide an additional layer of verification. Failing to meet the authentic act requirements means the mandate may be treated as an 'act under private signature,' which carries far less legal weight and may be rejected by parish recording offices.

Question 3

How does the Louisiana parish filing system work for mandates?

Accepted Answer

Louisiana uses parishes instead of counties, and each parish has a Clerk of Court who maintains the public records. If a mandate will be used for immovable property transactions — buying, selling, mortgaging, or donating land or buildings — the document must be recorded in the parish where the immovable property is situated. Recording fees vary by parish but typically range from $50 to $100 for the first page plus $5 per additional page. The Clerk of Court indexes the mandate in the conveyance records. If you own immovable property in multiple parishes — say, a house in Orleans Parish and a hunting camp in St. Tammany Parish — the mandate should be recorded in both.

Question 4

What is the difference between immovable and movable property in Louisiana?

Accepted Answer

This distinction does not exist in common law states, which use 'real property' and 'personal property.' In Louisiana civil law, immovable property includes land, buildings permanently attached to land, and component parts of those buildings. Movable property is everything else — vehicles, bank accounts, stocks, furniture, intellectual property. The distinction matters for mandates because certain acts involving immovable property require an express and specific grant of authority (a special mandate). A general mandate may be sufficient for movable property transactions, but selling someone's house requires a mandate that specifically says the mandatary can alienate immovable property.

Question 5

How does Louisiana's community property regime interact with a mandate?

Accepted Answer

Louisiana is one of nine community property states, but it applies civil law principles to community property rather than common law ones. Under the community property regime, most assets acquired during marriage belong to both spouses equally. If a married mandator wants to grant authority over community property, the mandate should address this explicitly. A mandatary acting on one spouse's behalf generally cannot alienate or encumber community immovable property without the other spouse's concurrence — unless the mandate specifically addresses community property management, or the other spouse provides separate written consent. This is an area where Louisiana law diverges sharply from common law community property states like California or Texas.

Question 6

Can my agent manage oil and gas interests in Louisiana under a mandate?

Accepted Answer

Yes. Louisiana is a major oil and gas producing state, and mineral rights are classified as incorporeal immovables under Civil Code Article 462. A mandate covering mineral interests should explicitly authorize the mandatary to execute mineral leases, receive and deposit royalty and bonus payments, negotiate with operators, appear before the Louisiana Department of Natural Resources and the Office of Conservation, consent to pooling and unitization orders, and execute division orders. Because mineral rights are incorporeal immovables, the mandate should be recorded in the parish where the minerals are located. If the mandator's mineral interests span multiple parishes — common in the Haynesville Shale or Tuscaloosa Marine Shale regions — the mandate needs to be recorded in each parish.

Question 7

How do I revoke a mandate in Louisiana?

Accepted Answer

Under Civil Code Article 3024, the mandator may revoke the mandate at any time. The revocation should be executed as an authentic act — signed before a notary and two witnesses — to match the formality of the original mandate. Deliver a copy to the mandatary and to every third party who received or relied upon the original mandate. If the mandate was recorded with a parish Clerk of Court, the revocation must also be recorded in the same parish. Until the mandatary receives actual notice of revocation, acts performed in good faith remain valid. Louisiana also recognizes tacit revocation — appointing a new mandatary for the same affairs implicitly revokes the prior mandate for those affairs.

Question 8

Will other states accept a Louisiana mandate?

Accepted Answer

This is one of the most common concerns for Louisiana residents, and the answer is generally yes, but with friction. A Louisiana mandate executed as an authentic act meets or exceeds the execution requirements of every other state (notarization plus two witnesses). However, common law institutions in other states may be unfamiliar with the terminology and format. When presenting a Louisiana mandate out of state, it helps to include a cover letter explaining that the document is a validly executed power of attorney under Louisiana Civil Code Articles 2989-3034. Some banks and title companies in neighboring Texas, Mississippi, and Arkansas are accustomed to seeing Louisiana mandates and accept them routinely. For distant states, a brief explanatory paragraph in the mandate itself can smooth the process.

Feature	Louisiana (Civil Law)	Other 49 States (Common Law)
Terminology	Mandate, mandator, mandatary, procuration	Power of attorney, principal, agent/attorney-in-fact
Execution	Authentic act: notary + 2 witnesses	Varies: notary only, notary + 1-2 witnesses, or witnesses only
Property terms	Immovable and movable property	Real and personal property
Recording office	Parish Clerk of Court	County recorder or Register of Deeds
Notary role	Quasi-judicial officer, often an attorney, lifetime commission	Administrative witness to signatures, limited commission
Marital property	Civil law community property regime	Common law or community property (9 states)

Free Louisiana Power of Attorney Forms

Louisiana's Mandate — A Fundamentally Different Legal Instrument

Governing Law

Authentic Act

Parish System

Property Classification

Civil Law vs Common Law — Why It Matters for Your Mandate

Types of Louisiana Mandates

General

Durable

Limited / Special

Medical / Healthcare

Financial

Springing

Minor Child

Real Estate

Vehicle

Authentic Act Requirements for a Louisiana Mandate

Mandator Must Be 18 and Competent

Louisiana Notary Public

Two Competent Witnesses

Simultaneous Execution

Express Authority for Special Acts

Parish Recording for Immovable Property

How to Execute a Louisiana Mandate

Determine the Scope — General or Special Mandate

Draft with Louisiana Civil Law Terminology

Pass the Authentic Act

Sample Louisiana Mandate (Procuration)

GENERAL MANDATE (PROCURATION)

Louisiana Mandate Questions

Louisiana Government & Legal Resources

Create your Louisiana Power of Attorney in under 5 minutes.