General Power of Attorney in Louisiana: What It Can and Cannot Do

A general power of attorney in Louisiana — properly called a general mandate — is more limited than most people expect. Under Civil Code Article 2994, a mandate couched in general terms authorizes the mandatary to perform only acts of administration: routine management tasks like depositing checks, paying bills, maintaining property, and handling day-to-day financial business.

What it does not do is just as important. A general mandate does not authorize the mandatary to sell real estate, make gifts, accept or reject an inheritance, take out loans, or make medical decisions. Those are classified as acts of disposition under Articles 2996 and 2997, and they require express, written authorization in the body of the mandate.

Acts of Administration vs. Acts of Disposition

Louisiana draws a hard line between these two categories:

Acts of administration (covered by a general mandate):

• Depositing and withdrawing funds from checking and savings accounts
• Paying recurring bills, taxes, and insurance premiums
• Managing rental property (collecting rent, arranging repairs)
• Filing routine tax returns
• Communicating with financial institutions and government agencies

Acts of disposition (require express authority):

• Selling, mortgaging, or leasing immovable property (real estate)
• Making inter vivos donations (lifetime gifts)
• Accepting or renouncing a succession
• Contracting loans or endorsing negotiable instruments
• Making healthcare and medical treatment decisions
• Restricting communication or visitation with the principal's relatives

If the principal signs a broadly worded "general power of attorney" without listing any express powers, the mandatary will be turned away the first time they try to do anything beyond basic account management. Banks will process routine deposits but refuse a wire transfer. Title companies will reject a real estate closing. Hospitals will defer to the statutory decision-making priority list rather than the mandatary.

When a General Mandate Is Enough

A general mandate works for narrow, time-limited situations where only administrative tasks are involved:

• A principal traveling internationally who needs someone to pay bills, manage a bank account, and handle mail
• A business owner delegating routine office financial management to a trusted employee
• A property owner authorizing a manager to collect rent and arrange maintenance (but not to sell or mortgage the property)

For any situation involving potential incapacity, real estate, healthcare decisions, or long-term planning, a general mandate alone is insufficient. The principal needs a mandate with express powers — essentially a general mandate with specific authorizations enumerated for each category of action the mandatary may need to take.

Execution Requirements

Even a general mandate should be executed as an authentic act if there is any chance the mandatary might need to interact with financial institutions or if the mandate could later be amended to include property powers. An authentic act requires the principal, a Louisiana notary, and two competent witnesses to all be present and sign in the same room during a single ceremony.

A mandate executed only under private signature (without a notary and witnesses) is valid as a contract between the parties, but it will face significant resistance from third-party institutions. Banks operating under La. R.S. 6:311.1 are not obligated to accept it, and title companies will refuse it outright for any property-related transaction.

Upgrading a General Mandate

If circumstances change and the mandatary needs broader authority, the principal can execute a new mandate with additional express powers — but only while the principal remains mentally competent. Once the principal loses the capacity to understand the nature and consequences of the document, no new mandate can be created, and the family's only option for expanded authority is a judicial interdiction.

This is why most Louisiana estate planners recommend starting with a comprehensive mandate that includes all reasonably foreseeable express powers, rather than a narrow general mandate that may prove inadequate at the worst possible time. The Louisiana Power of Attorney Kit covers both administrative and disposition powers with a checkbox structure that lets the principal grant exactly the authority needed.

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