Detailed answer — How to make a power of attorney executed in prison legally valid under Louisiana law
This answer explains the common formal requirements and practical steps you should satisfy to increase the chance that a power of attorney (POA) signed by an incarcerated person in Louisiana will be accepted by banks, agencies, and courts. This is educational information only and not legal advice.
Core formal requirements to check
- Principal’s capacity: The principal (the person granting authority) must have legal capacity to grant a POA. Capacity generally means the person understands the nature and consequences of giving someone authority to act for them. If capacity is in doubt, a medical or psychological evaluation or a later judicial determination may be needed.
- Writing and signature: A POA should be in writing and bear the principal’s actual signature (or a valid mark with proper authentication). Handwritten signatures are typical; electronic signatures may be acceptable only where allowed and accepted by the recipient institution.
- Notarial acknowledgment or other authentication: In Louisiana, many third parties expect a POA to be acknowledged before a notary public so the notary can confirm the principal’s identity and that the signature is voluntary. If the POA is for certain matters (especially immovable/real estate transactions), additional formalities and authentic acts may be required before a notary. For Louisiana statutory language and related materials, consult the Louisiana Legislature law search for “power of attorney” on the state site: https://legis.la.gov/Legis/LawSearch.aspx?d=power%20of%20attorney
- Clear statement of authority and durability: The document should clearly identify the agent, state the powers granted (specific or broad), and include language about whether the POA is durable (survives the principal’s incapacity). Durable language avoids automatic termination on incapacity.
- Witnesses if required by recipient: Some institutions accept a POA witnessed by one or two witnesses instead of notarization, but many Louisiana banks, title companies, and government offices prefer a notarized document. Confirm with the specific institution.
- Acceptance by agent: Some institutions ask the agent to sign an acceptance or statement acknowledging their responsibilities. While not always required by statute, having the agent sign helps acceptance.
Special concerns for incarcerated principals
Executing a POA in a correctional setting raises additional practical hurdles. Follow these steps:
- Check facility rules and coordination: Contact the correctional facility administration (deputy warden, records office, or legal services) about procedures for outside notaries, witnesses, or the authority of correctional officers to administer oaths. Each facility has its own security rules and scheduling processes.
- Arrange a notary or authorized official: The best practice is to have a commissioned notary public come to the facility to perform an acknowledgment. If a notary cannot enter, some facilities allow a sheriff, jailer, or other designated official to administer oaths and authenticate signatures; ask which officials the facility certifies and whether institutions will accept their acknowledgement. For information about Louisiana notaries, see the Secretary of State notary public page: https://www.sos.la.gov/BusinessServices/Notary/Pages/default.aspx
- Verify identification: The notary or certifying official must be able to identify the principal. Provide the facility’s acceptable ID and any supporting documents the facility requires.
- Document the circumstances: Have the notary or official include a clear certificate, indicating the place (name of the facility), date, and the official’s title or commission number so recipients can verify the authentication.
- Consider witnesses when notarization is impossible: If notarization is impossible, two credible witnesses (and a written sworn statement from the facility official confirming the principal’s identity and signature) may help, but acceptance will depend on the receiving institution.
- Special formalities for real estate and certain financial acts: For immovable property transactions, Louisiana law and practice often require an authentic act before a notary or additional recording steps. If the POA covers sale, mortgage, or transfer of immovable property, insist on a notarial act and confirm recording requirements with the parish recorder or a real estate attorney.
Practical checklist to ensure acceptance
Before relying on the POA, complete these practical items:
- Confirm the specific institution’s POA requirements (bank, title company, Social Security, VA, etc.).
- Include a durable clause if you want the POA to survive incapacity.
- Have the notary or certifying official include facility-identifying language in the acknowledgment (facility name, official title, commission number).
- Keep multiple certified copies and give originals to the agent and relevant institutions.
- If the POA deals with immovable property, plan for recording; consult a real estate attorney or the parish recorder of mortgages about required formalities.
- Consider a contemporaneous written acceptance by the agent and a witness attestation about the principal’s capacity.
When to get legal help
Seek an attorney’s help when:
- The principal’s capacity may be questioned.
- The POA covers real estate, large financial transactions, or long-term planning.
- You expect third parties to resist accepting a document signed in custody.
- You need help coordinating a notary visit or an authentic act in a correctional facility.
Helpful links
- Louisiana Legislature law search (search results for “power of attorney”): https://legis.la.gov/Legis/LawSearch.aspx?d=power%20of%20attorney
- Louisiana Secretary of State — Notary Public information: https://www.sos.la.gov/BusinessServices/Notary/Pages/default.aspx
Helpful hints
- Ask the receiving bank or agency in writing what they will accept from a prisoner—get their procedures before you execute the POA.
- Where possible, use a form that specifically names the institution(s) the agent must deal with and include identifying information for the agent (full name, address, ID number).
- Include a durable-power clause (e.g., “This power of attorney shall not be affected by the principal’s subsequent incapacity”) if you want the POA to survive incapacity.
- Make sure the notary’s certificate identifies the correctional facility and the official capacity of any employee who helps coordinate the act; that makes the certificate easier to verify later.
- Keep original signed and acknowledged documents in a safe place and distribute certified copies to the agent and key institutions.
- If the POA must be recorded (real estate), secure a notarial act performed in the form required for recording and deliver it promptly to the parish recorder.
Disclaimer: This is general information only and not legal advice. Rules and acceptable practices vary by institution and by parish. For a definitive assessment of validity in a particular case or help coordinating execution inside a correctional facility, consult a licensed Louisiana attorney familiar with powers of attorney, notarial acts, and correctional procedures.