A durable power of attorney is a legal document that a person (the principal, grantor, or donor) signs to appoint another person as the grantor’s agent or attorney-in-fact—with authority to make financial and property-related decisions on behalf of the principal—including transactions involving business interests, investments, insurance, taxes, bills, real estate, stocks, bonds, commodities, personal property, Social Security, Medicare, Medicaid, and other financial matters.

A traditional power of attorney is effective only while the principal has full mental capacity, but a durable power of attorney remains effective if the principal becomes physically or mentally disabled or incapacitated (incompetent) from a stroke, Alzheimer’s disease, an automobile accident, or other cause. In some states the legislature has provided a form durable power of attorney in a statute (law) and the document may be referred to as a statutory durable power of attorney.

In Louisiana, a durable power of attorney (DPOA) is a legal instrument that allows a person (the principal) to designate another individual (the agent or attorney-in-fact) to manage their financial and property affairs. This includes handling business matters, investments, insurance, taxes, and other financial transactions. Unlike a traditional power of attorney, which loses its validity if the principal becomes incapacitated, a DPOA remains in effect even if the principal suffers from a physical or mental disability, such as a stroke or Alzheimer's disease. Louisiana law provides for the creation of a DPOA, and it is important that the document is drafted in accordance with state statutes to ensure its validity. The DPOA must be signed by the principal and may require notarization or additional formalities as specified by Louisiana law. It is advisable for individuals to consult with an attorney to create a DPOA that accurately reflects their wishes and complies with state legal requirements.