Louisiana Mandate vs Power of Attorney vs Guardianship for a Child
Louisiana uses legal terms most other states don't, and the confusion between a "mandate," a "power of attorney," and "guardianship" leads to caregivers filling out the wrong form, buying the wrong template, or showing up at a school with a document the registrar has never seen. Here's how the three relate in Louisiana.
They're Not Three Different Things — They're Two
In most states, you'd get a "power of attorney for a minor child" — a document where a parent delegates care authority to another adult. Louisiana's civil law system calls the equivalent instrument a Provisional Custody by Mandate (La. R.S. 9:951–954). The word "mandate" in Louisiana law means roughly what "power of attorney" means in common-law states. A mandate is a power of attorney.
So when you search for "Louisiana power of attorney for a minor child," you're actually looking for the Provisional Custody by Mandate. That's the document you need.
Guardianship in Louisiana is called tutorship (Louisiana Civil Code Article 256 et seq.). Tutorship is a court-appointed legal relationship that arises when a child has no living parent with parental authority — both parents have died, been declared incapacitated, or had their rights terminated. It gives the tutor (guardian) full legal authority over the child's person and property. It is not something you file for when a living parent simply can't care for the child.
Side-by-Side Comparison
| Feature | Provisional Custody by Mandate | Tutorship (Guardianship) |
|---|---|---|
| Legal basis | La. R.S. 9:951–954 | Civil Code Art. 256 et seq. |
| Common-law equivalent | Power of attorney for a minor | Legal guardianship |
| Requires court | No — written mandate; the suggested statutory form includes a notary and competent witnesses | Yes — court appointment required |
| Parent must be involved | Yes — parent signs the mandate | No — tutorship arises because no parent can act |
| Duration | Up to one year | Until child turns 18 or court modifies |
| Scope | Delegated authority — school, medical, daily care | Full parental-equivalent authority |
| When to use | Parent is alive and willing to delegate | Both parents deceased, incapacitated, or rights terminated |
The Confusion That Gets People in Trouble
The problem happens when a caregiver downloads a generic "power of attorney for a minor" template from a national form site. Those templates are written for common-law states and may not delegate the authority needed for a Louisiana caregiver arrangement.
Louisiana law requires a written mandate under La. R.S. 9:951. The suggested form in La. R.S. 9:954 includes a Louisiana notary and competent witnesses, but the statute does not require every mandate to be executed as an authentic act. A generic template is not legally defective solely because it lacks a notary block or witness lines; its terms still need to meet Louisiana's written-mandate requirements, and an institution may have its own document review process.
Using the suggested form, or having a Louisiana legal aid provider review another form, helps ensure the mandate states the authority you need.
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When Neither a Mandate Nor Tutorship Fits
There's a middle option: the Non-Legal Custodian's Affidavit under La. R.S. 9:975. This is for situations where the parent is unavailable, unreachable, or unwilling to sign a mandate, but tutorship is overkill because the parent is still alive and hasn't lost their rights.
The caregiver signs this affidavit alone, under penalty of perjury, attesting that the child lives with them and that the parent was either notified without objection or could not be located. Items 1 through 4 authorize educational and school-related health services; items 5 through 8 are also required for other medical services. The affidavit is valid for up to one year. Schools and healthcare providers acting in good-faith reliance receive statutory immunity under La. R.S. 9:975(B)(1), but the affidavit does not guarantee that every provider will accept it.
What You Actually Need
For most kinship situations — grandparent takes in a grandchild because the parent is in treatment, incarcerated, or otherwise unable to care for the child — the Provisional Custody by Mandate is the right document. It's the Louisiana power of attorney for children. The parent signs, you sign, a notary and two witnesses are present, and you have legal authority for up to a year.
The Louisiana School & Medical Consent guide covers the mandate, the affidavit, and the escalation path to tutorship or court custody, with the statutory forms and a comparison chart so you choose the right instrument for your specific situation.
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