Legal Question in Family Law in Louisiana

A power of attorney gives one person to act in another's stead. It does not take the place of a will and a will is still effective as long as it was executed when the party had all of their faculties. What powers are conveyed are dictated by the terms of the wording of the power of attorney. If the home was community, the surviving parent only owns one-half of the real property. The other half belongs to the heirs of the deceased parent. The surviving parent would get life usufruct, but this is only use and all heirs must sign any documents to sell or dispose of any real property.

A power of attorney involves 2 people: the principal, who gives authority to the attorney (or agent) who is given the authority.

First, by giving a power of attorney the principal does not lose any of his/her own authority. (S)he is simply giving another person authority to act on his/her behalf.

The principal always has the right to terminate the attorney's power.

If the principal dies, because the attorney's authority comes from the principal's authority, the power of attorney automatically terminates.

Only the principal can write/sign the principal's will, that authority cannot be delegated to the attorney. The power of attorney has no effect on the principal's will, or right to write one.

Unless the power of attorney specifies that the attorney can dispose of land, the attorney cannot.

The attorney has a fiduciary obligation to manage honestly. It is not a license to steal or behave recklessly.

Here are some friendly power of attorney examples. While they are not exclusive they explain the authority:

1. A soldier owns property and is being deployed overseas. He gives his mother a power of attorney so that if any decisions about the property need to be made she is free to act on his behalf. The soldier still has all the power to make all his own decisions.

2. A large family inherits land and decides to sell the land and split the money. The family members are spread all over the country. To simplify matters they give one family member a limited power of attorney only over their rights to that property and to disperse the funds from the sale. In this case the attorney has no other authority over the principals' property.

I hope I have clarified the issue.