Legal Question in Wills and Trusts in Louisiana

Re: Revoke Power of Attorney

Dear LawGuru Friend,

If I were faced with this problem in my law office, I would first check out the articles on Mandate in the Louisiana Civil Code. I am pretty sure, however, that what the patient (principal) needs to do is to write a letter to the agent (one to whom he or she gave power of attorney) advising him or her that the power of attorney is now revoked. Registered mail is better than certified mail, and certified mail is better than ordinary uncertified mail. Also, a personal witness can deliver the written revocation. I do believe the revocation should be in writing. Then, as much possible, the principal (one who gave the agent power of attorney) should notify any third-parties that he or she feels the agent might attempt to do business with on behalf of the principal that the power of attorney (mandate and agency relationship) has been revoked. Of course, if the written power of attorney (mandate) states how the power of attorney is to be revoked, then that stipulation should be complied with. There is more to it all than this, but his is something to think about. Best of luck!

Sincerely,

Hardy Parkerson, Atty.

LA Bar No. 10327 - Lake Charles, LA