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Mandates

Lighthouse Notary Services - Notarial Services - Mandates

Mandate Basics

Referred to as a Power of Attorney in the other states, a Mandate is a legal document that gives authority to act for another person in specified or all legal, financial, or healthcare matters. Under Louisiana law, a mandate must be specific to:

  1. Make a donation to a trust.
  2. Accept or renonuce a succession.
  3. Contract a loan, be a surety, or acknowledge or make a remission of debt.
  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.
  7. Prevent or limit reasonable communication, visitation, or interaction between the principal and a relative by blood, adoption, or affinity within the third degree, or another individual who has a relationship based on or productive of strong affection.

In addition, other states differentiate between a "general" and a "durable" mandate or power of attorney. A durable power of attorney simply means that agent will continue to have "powers" after the principal's incapacity, disability, or other condition that makes an express revocation of the mandate impossible or impractical. In other states, if the power of attorney is not predetermined to be durable it is teminated if the afore mentioned conditions are met. In Louisiana, however, under Civil Code 3026, unless agreed tto otherwise, all mandates are durable; as such, there is no need to prepare a special "durable" mandate/power of attorney. Lastly, if the mandate is to affect an Authentic Act, the mandate itself must be converted in to an Authentic Act.

General Mandate

A General Mandate or Economic Mandate gives authority to the agent to handle ALL of the economic affairs of the principal. Remember, under state statutory law, this mandate is automatically durable unless agreed otherwise.

Heathcare Mandate

A Heathcare Mandate gives authority to the agent to handle ALL of the heathcare affairs of the principal. Remember, under state statutory law, this mandate is automatically durable unless agreed otherwise.

Provisional Custody by Mandate

The Provisional Custody by Mandate gives authority to the agent to handle the rearing of a minor child on behalf of of the principal. The principal must be one who has parental authority over the child as defined by the statues. Also, remember, under state statutory law, this mandate is automatically durable unless agreed otherwise. Note: There is a special Provisional Custody by Mandate for Tutors and Grandparents.

Special Mandate

A Special Mandate is a custom mandate with special and custom terms and authorities from the principal to the agent. Remember, under state statutory law, this mandate is automatically durable unless agreed otherwise.

About Us

Lighthouse Notary Services provides mobile notary services in the Greater New Orleans area, North shore and River Parishes. Lighthouse Notary Services can draft and execute many different types of legal instruments, many having immediate legal effect.

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  • 7809 Airline Drive, Suite 201, Metairie, LA 70003 Address
  • Phone: 504.298.DOCS Phone
  • Fax: 504.298.3627 Fax
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