Louisiana Revised Statutes 9:3863 – Requirements for legally sufficient power of attorney; federal preemption
Terms Used In Louisiana Revised Statutes 9:3863
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
A. In accordance with 10 U.S.C. § 1044b, a military power of attorney is exempt from any requirement of form, substance, formality, or recording that is provided for powers of attorney under the laws of Louisiana or any other state. Any such military power of attorney shall be given the same legal effect as a power of attorney prepared and executed in accordance with the laws of the state of Louisiana.
B. For purposes of this Chapter, a military power of attorney is any general or special power of attorney that:
(1) Contains a statement that sets forth the provisions of Subsection A.
(2) Is notarized in accordance with 10 U.S.C. § 1044a or other applicable state or federal law.
Acts 1991 1st E.S., No. 5, §1, eff. April 17, 1991; Acts 1995, No. 1131, §1.