How to Notarize a Provisional Custody Mandate in Louisiana

You have the Provisional Custody by Mandate form ready and the parent is willing to sign. Now you need a notary and two witnesses — and the execution has to happen correctly, or the document is legally worthless. Here is exactly what Louisiana requires.

The Authentic Act Requirement

Under La. R.S. 9:951, a Provisional Custody by Mandate must be executed as an "authentic act." In Louisiana civil law, that means:

• Each person executing the act must sign before a notary public or another officer authorized to perform that function and in the presence of two witnesses
• Each party, each witness, and the notary must sign the act
• The signatures need not be collected at one time or place, or before the same notary or witnesses — La. Civ. Code art. 1833(B)

These are execution requirements. Signatures collected on different days are not automatically defective, but each execution must satisfy the notary and two-witness requirements.

Who Can Serve as a Witness

The statutory form calls for two competent witnesses:

• Adults (18 or older)
• Competent — able to understand what they are witnessing

Friends, neighbors, relatives, or colleagues may be able to serve. Ask the notary whether a particular person can witness the execution.

Where to Find a Notary

Free or low-cost options:

• Banks and credit unions — many notarize documents for account holders at no charge. Call ahead to confirm availability.
• Parish Clerk of Court offices — some parishes offer notary services during regular business hours.
• Legal aid offices — Southeast Louisiana Legal Services (SLLS), Acadiana Legal Service Corporation (ALSC), and Legal Services of North Louisiana (LSNL) may assist income-eligible families with document execution.
• Libraries — a few parish libraries host periodic notary events.

Paid options:

• UPS Store, FedEx Office — typically $5–$15 per signature
• Mobile notary services — useful when the parent is homebound, in a care facility, or incarcerated. Expect travel fees of $25–$75 depending on distance.
• Attorney offices — if you are already consulting a lawyer, they often include notarization.

Notarizing When a Parent Is Incarcerated

Incarceration does not strip a parent of parental authority — they can still sign a mandate. Contact the facility's social worker or legal counselor to arrange notary access. Most Louisiana correctional facilities accommodate legal document signings, though scheduling can take days or weeks.

The mandatary does not need to enter the prison. The parent and mandatary may sign at different times or places under La. Civ. Code art. 1833(B), provided each execution is before a notary or other authorized officer and two witnesses, and the required signatures are on the act. Confirm the facility's procedures before making arrangements.

What to Bring to the Signing

• The completed form — filled out but unsigned (all signatures happen in front of the notary)
• Government-issued photo ID for every signer (parent, mandatary, witnesses)
• The child's birth certificate — not always required for execution, but some notaries want to verify the child's identity
• Payment for notary fees, if applicable

Common Execution Mistakes

Pre-signing the form. If you or the parent signed before meeting the notary, the document is defective. The notary must witness the act of signing.

Only one witness. Louisiana requires two. If you arrive at the notary with only one witness, the notary should refuse to proceed. Do not pressure them to go ahead — the resulting document would be invalid.

Using an unauthorized notary or officer. A signer outside Louisiana may use a notary or other officer authorized to perform that function where the act is executed; Louisiana law recognizes qualifying acts signed before an out-of-state notary and two witnesses.

Forgetting the date. The one-year expiration clock runs from the execution date. An undated mandate creates ambiguity that institutions can exploit to refuse it.

Using a remote online notarization service. Louisiana's Act 254 (2020), La. R.S. 35:623(C), expressly bars remote online notarization for an authentic act. Because a provisional custody mandate is executed as an authentic act, arrange in-person signing before a notary and two witnesses.

For a complete notary preparation checklist — including what to do if the notary is unfamiliar with the mandate form, and how to handle execution when the parent is incarcerated or hospitalized — see our Louisiana School and Medical Consent Guide.

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