Legal Question in Elder Law in Louisiana

Re: Power of Attorney

A power of attorney (sometimes called a "mandate" in Louisiana) must be revoked in writing. If the power of attorney was recorded in the public records, then the revocation must also be recorded in the public records. The principal must notify all persons with whom the agent has been dealing that the agent no longer has authority to bind the principal. For example, if your bank, broker, etc., has a copy of the power of attorney, you should also provide a copy of the revocation. Of course the agent must be notified immediately upon revocation that he or she is no longer authorized to act as an agent. Otherwise, the agent, unaware that his authority has been terminated, might in good faith enter into a contract with another party, also acting in good faith without knowledge that the agent's authority has been terminated, and the contract will be binding upon the principal.

Our office can prepare a simple one-page revocation. We must have a copy of the power of attorney, the book and page where the power of attorney is recorded, and the Parish (County) in which the power of attorney is recorded.

JDL