Free Louisiana Real Estate Power of Attorney Form Template

In Louisiana, a power of attorney is a mandate. A Louisiana real estate power of attorney form gives a mandatary authority to act for you in transactions involving immovable property, which is Louisiana’s term for real estate. The Louisiana Civil Code governs it.

Several Civil Code articles shape a real estate mandate.

Form Follows the Act

Article 2993 says a mandate isn’t required to be in any particular form. But when the law prescribes a form for an act, a mandate authorizing that act must be in that form.

Transfers of Immovable Property

Under Article 1839, a transfer of immovable property must be made by authentic act or by act under private signature. So a mandate authorizing such a transfer must take one of those forms too.

What an Authentic Act Is

Article 1833 describes an authentic act as a writing executed before a notary public in the presence of two witnesses, signed by each party, each witness, and the notary.

Express Authority

Under Article 2996, authority to alienate, acquire, encumber, or lease a thing must be given expressly. The property and its location don’t need to be specifically described.

Filing for Registry

Article 1839 also says an instrument involving immovable property affects third persons only from the time it is filed for registry in the parish where the property is located.

It depends on the form the act requires. A mandate to transfer immovable property must be in the form the law prescribes for that transfer, either an authentic act or an act under private signature.

An authentic act is executed before a notary and two witnesses. Article 1839 also allows an act under private signature.

Tip: State the authority to sell, buy, mortgage, or lease expressly in your Louisiana real estate power of attorney form. Article 2996 requires express authority for those acts.

Match the mandate to the transaction:

1. Name yourself as principal and your mandatary.
2. Expressly grant authority to sell, buy, mortgage, or lease.
3. Describe the property if you wish, though it isn’t required.
4. Sign in the form the transaction requires.
5. For an authentic act, sign before a notary and two witnesses.
6. Give the signed mandate to your mandatary.

Cover these points:

• Principal’s and mandatary’s names
• Express authority for each act
• Any limits on the mandatary’s authority
• Principal’s signature
• Notary and witness signatures, if executed as an authentic act

Document Genius’s step-by-step questionnaire covers each item. Your Louisiana real estate power of attorney form is ready to sign in minutes.