Louisiana Contract of Mandate for a Disabled Adult Child: How It Works

Louisiana Doesn't Have a Standard Power of Attorney

If you're looking for a Louisiana "power of attorney" for your disabled adult child, the first thing you need to know is that Louisiana doesn't use the Uniform Power of Attorney Act that governs most other states. Instead, financial and medical representation works through the contract of mandate (also called procuration), governed by La. C.C. arts. 2989–3032.

The practical difference matters: generic "power of attorney" templates from national legal websites are not drafted for Louisiana's civil code requirements. Using one risks having the document rejected by Louisiana banks, title companies, or courts.

The Capacity Requirement

Here's the hard boundary: your adult child must possess contractual capacity at the time they sign the mandate. They must understand that they are granting another person authority to act in their name — what that means, and what powers they're giving away.

If your child has a profound intellectual disability that prevents them from understanding the nature of a contract, a mandate is not a legal option. You'll need continuing tutorship (if they're still under 18) or interdiction (if they're 18 or older) to obtain legal authority.

For young adults with moderate disabilities who can understand explained choices, a mandate paired with a Supported Decision-Making agreement often provides comprehensive coverage without court involvement.

Express Authority Is Mandatory

Louisiana's "form follows function" rule (La. C.C. art. 2993) means a vague, general mandate that says "my agent can handle all my affairs" is legally insufficient. Under La. C.C. arts. 2996–2997, the mandate must explicitly list each high-stakes power being granted:

• Making healthcare and medical decisions, including surgery and nursing home placement
• Making lifetime donations of property (outright or to a trust)
• Accepting or renouncing inheritances (successions)
• Contracting loans, incurring debt, or becoming a surety
• Drawing or endorsing promissory notes
• Entering into settlements or arbitration agreements

If a power isn't explicitly stated in the document, the mandatary (agent) doesn't have it. A mandate drafted with only general language may not be accepted for a transaction requiring specific authority.

Authentic Act Requirements

When the mandate grants authority for transactions involving real property — selling, leasing, mortgaging, or donating immovable property — the document must be executed as an authentic act:

• Signed before a licensed Louisiana notary public
• Witnessed by two competent adults
• Recorded in the conveyance and mortgage records of the parish where the property is located

Even mandates that don't involve real estate should be notarized for practical enforceability. Banks and medical providers are far more likely to accept a notarized mandate than an un-notarized one.

Durability and Termination

Under La. C.C. art. 3026, a Louisiana mandate is inherently durable. Once signed, it remains valid even if your child later loses capacity — their subsequent mental decline does not automatically terminate the agent's authority. This is the opposite of the default rule in most common law states.

Apart from revocation or any contrary term in the document, the mandate's authority terminates upon:

• Death of the principal (your child)
• Death or interdiction of the mandatary (the agent)
• Formal interdiction of the principal and qualification of a court-appointed curator

Your child can also revoke the mandate at any time while they have capacity. Including successor mandataries (backup agents) in the document prevents disruption if the primary agent becomes unavailable.

When a Mandate Isn't Enough

A mandate covers state-level authority — medical decisions, financial transactions, educational records, and housing. It does not give you authority over federal benefits. Managing your child's SSI or SSDI requires a separate Representative Payee application through the Social Security Administration.

A mandate does not by itself authorize you to restrict your child's movements, control their social interactions, or make decisions they actively oppose. If your child needs that level of protection because they're in physical danger, interdiction is the appropriate legal mechanism.

For a complete walkthrough of drafting a Louisiana mandate — including how to coordinate it with SDM agreements, Representative Payee applications, and HIPAA releases — see the Louisiana Adult Guardianship & Alternatives Guide.

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