LA Notary Mandate (Powers of Attorney) and Representation 2 — Questions and Answers
Question 1: Under Louisiana Civil Code, what is a mandate?
- A court order requiring specific action
- A contract by which a person confers authority on another to transact affairs on the principal's behalf (Correct answer)
- A legislative directive
- A notarial certificate
Correct answer: A contract by which a person confers authority on another to transact affairs on the principal's behalf
A mandate is a contract of representation where the principal authorizes the mandatary to act on their behalf.
Louisiana Civil Code Article 2989 defines mandate as a contract by which a principal confers authority on a mandatary to transact one or more affairs on the principal's behalf.
Question 2: What is the difference between a general mandate and a special mandate in Louisiana law?
- A general mandate covers all affairs; a special mandate covers specific transactions (Correct answer)
- A general mandate requires notarization; a special mandate does not
- There is no legal distinction
- A general mandate is oral; a special mandate is written
Correct answer: A general mandate covers all affairs; a special mandate covers specific transactions
A general mandate authorizes the mandatary to handle all affairs, while a special mandate is limited to specific matters.
Louisiana Civil Code Articles 2993-2994 distinguish between general and special mandates. Even a general mandate does not authorize gratuitous dispositions, modifying matrimonial regimes, or making testaments.
Question 3: Under Louisiana law, when does a mandate terminate?
- Only when the mandatary completes the assigned task
- Upon death or interdiction of either party, revocation by the principal, renunciation by the mandatary, or expiration of the term (Correct answer)
- Only by court order
- A mandate never terminates once created
Correct answer: Upon death or interdiction of either party, revocation by the principal, renunciation by the mandatary, or expiration of the term
Mandate terminates by several causes including death, interdiction, revocation, renunciation, or expiration.
Louisiana Civil Code Articles 3024-3034 specify the causes for termination. However, a mandate in rem suam (given in the interest of the mandatary or a third party) is irrevocable without the other party's consent.
Question 4: What is a procuration in Louisiana notarial practice?
- A criminal prosecution
- A written power of attorney authorizing someone to act on another's behalf (Correct answer)
- A court filing
- A type of insurance policy
Correct answer: A written power of attorney authorizing someone to act on another's behalf
A procuration is a formal written instrument granting power of attorney.
A procuration is the written instrument that evidences a mandate or power of attorney. In Louisiana practice, procurations are commonly executed as authentic acts to ensure their acceptance.
Question 5: Can a mandatary appoint a substitute (sub-mandatary) in Louisiana?
- Never, the mandatary must always act personally
- Yes, unless the principal has expressly prohibited substitution (Correct answer)
- Only with prior court approval
- Only if the mandate is in authentic act form
Correct answer: Yes, unless the principal has expressly prohibited substitution
A mandatary may appoint a substitute unless the principal has prohibited it, but remains responsible.
Louisiana Civil Code Article 3006 permits a mandatary to appoint a substitute unless the principal has expressly prohibited substitution. The mandatary remains responsible to the principal for the substitute's acts.
Question 6: What special requirements apply to a mandate for the donation of immovable property in Louisiana?
- No special requirements beyond a standard mandate
- The mandate must expressly authorize the donation and must be in authentic act form (Correct answer)
- A verbal mandate is sufficient
- Only a general mandate is needed
Correct answer: The mandate must expressly authorize the donation and must be in authentic act form
The mandate must match the formality of the act it authorizes.
Louisiana Civil Code Article 2997 requires that when the law prescribes a certain form for an act, a mandate authorizing that act must be in that same form. Article 2996 requires express authority for gratuitous dispositions.
LA Notary Mandate (Powers of Attorney) and Representation 2
Under Louisiana Civil Code, what is a mandate?