Louisiana Power of Attorney for a Minor Child: What Grandparents and Relatives Should Know

If you are searching for a "power of attorney for a minor child" in Louisiana, you are looking for the right thing under the wrong name. Louisiana's civil law system uses its own terminology, and the document you need is called a Provisional Custody by Mandate.

Why Louisiana Calls It a Mandate, Not a Power of Attorney

Louisiana is the only U.S. state whose legal system descends from the French Civil Code rather than English common law. Where other states use "power of attorney," Louisiana uses "mandate" (from the French mandat). Where other states say "guardian," Louisiana says "tutor." Where other states have counties, Louisiana has parishes.

This matters practically. A generic "Minor Power of Attorney" template downloaded from a national legal forms site — written for common-law states — will not satisfy Louisiana's execution requirements. Louisiana institutions expect the specific statutory format under La. R.S. 9:951–954.

What a Provisional Custody by Mandate Does

Under La. R.S. 9:951, a parent with legal authority over a child can delegate temporary day-to-day custody to any adult through a written mandate. The mandatary (the person receiving authority) can then:

• Enroll the child in school
• Consent to medical and dental treatment
• Sign school permission forms
• Authorize extracurricular activities
• Access the child's educational records

The mandate lasts for the period stated in the document, up to a maximum of one year. It requires execution before a notary public and two witnesses — Louisiana's "authentic act" standard.

Mandate vs. Power of Attorney vs. Guardianship

The critical difference: a common-law power of attorney form from another state may be legally unrecognizable in Louisiana. Parish school boards and medical providers are trained on Louisiana instruments. Presenting an out-of-state template invites rejection at the front desk.

When a Mandate Won't Work

A mandate requires a cooperative parent with current legal authority. It is unavailable when:

• Both parents are deceased or have had their rights terminated
• A parent has been divested of custody by court order (cannot delegate what they do not hold)
• The parent is completely unreachable despite diligent search

In these situations, Louisiana offers two alternatives. For immediate needs, the Non-Legal Custodian's Affidavit under La. R.S. 9:975 lets the caregiver self-certify authority — no parent signature required. For long-term authority, you would pursue a Voluntary Transfer of Custody or formal tutorship through the courts.

How to Get Started

Download the statutory form (La. R.S. 9:954) from LouisianaLawHelp.org or your parish clerk's website. Arrange for the parent(s) with parental authority and the mandatary to execute it before a notary or other authorized officer and two adult witnesses. Under La. Civ. Code art. 1833(B), signatures need not be collected at the same time or place.

For a full breakdown of how the mandate interacts with school enrollment, medical consent, and what to do when an institution does not accept your paperwork, our Louisiana School and Medical Consent Guide walks through every scenario a kinship caregiver faces.

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