WHAT ARE THE RESPONSIBILITIES OF SOMEONE WHO AGREES TO BE YOUR REPRESENTATIVE? The person you choose must agree to accept the authority you are granting. CAN ANYONE BE FORCED TO BECOME YOUR REPRESENTATIVE? It is very important that you choose someone who is responsible and trustworthy. Under Louisiana law, you must be able to understand the effects of a procurement and mandate before you can make someone your representative.Ī representative may be any competent adult capable of handling your affairs. CAN YOU MAKE SOMEONE YOUR REPRESENTATIVE IF YOU ARE MENTALLY INCAPACITATED? The power granted is to be used by your representative in the event that you become incapacitated or want your representative to make certain decisions or execute certain acts on your behalf.į. Your right to make decisions may not be taken away with a procuration or mandate nor can it be used to force you to make decisions you do not wish to make. Yes, you can still make your own decisions. CAN YOU STILL ACT ON YOUR OWN BEHALF, EVEN IF YOU HAVE MADE SOMEONE YOUR REPRESENTATIVE? You are encouraged to consult with a legal professional when doing so.Į. So that there will be clear proof of the nature and extent of the authority you have given your representative, it is recommended that you sign a written “procuration” or “mandate” in front of a notary and two witnesses. In most cases, you may grant someone the authority to be your representative orally or in writing. HOW CAN YOU MAKE SOMEONE YOUR REPRESENTATIVE? A mandate is your act of giving someone else your authority to act on your behalf, plus the ‘act’ of your representative accepting the authority you are giving him or her.ĭ. The difference is that a procuration is the “act,” either orally or in writing, of you (the principal) giving someone else (the representative) the authority to act on your behalf. Often people use the term “procuration” and/or the term “mandate” in place of the term “power of attorney.” Both terms mean the act of giving someone else authority to act for you. WHAT IS THE DIFFERENCE BETWEEN A PROCURATION AND A MANDATE? The term “Power of Attorney,” is still commonly used even though the wording in the law was changed : the person who receives your authority is not necessarily an attorney, and you cannot give a non-attorney legal authority to act as a lawyer.Ĭ. WHY IS THE TERM POWER OF ATTORNEY STILL USED? This is called “Representation,” although legally it is known as a “mandate” or “procuration.” When you give someone the authority to do things on your behalf, you are called the “principal,” and the person you choose to help you is called your “representative.” If the person you choose to be your representative agrees to accept this power, that person is called your “mandatory.”ī. Louisiana law allows you to give another person the legal authority to perform certain activities for you and/or make decisions for you as if you were acting for yourself.
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