When a family begins planning for future decision-making, many turn to a power of attorney (POA) to ensure someone they trust can manage financial or personal affairs if they become unable to do so. As we often tell families at WJ Blanchard, a POA is one of the most important estate planning tools available in Louisiana. It provides clarity, avoids unnecessary conflict, and gives loved ones the authority they need to step in when circumstances change.
A common question we hear is whether an agent under a power of attorney can sell property in Louisiana. The short answer is yes, a power of attorney can sell property in Louisiana, but only if the document grants that specific authority. Louisiana law treats real estate transactions differently from everyday financial decisions, so it is essential to understand what your POA allows.
Selling Real Estate Requires Express Authority
Louisiana’s Civil Code requires that a mandate (the Louisiana term for a power of attorney) include express written authority for an agent to perform certain acts. Selling immovable property, or real estate, is one of those acts.
This means that a general POA stating your agent can handle “financial matters” is not sufficient for them to sell your home, land, or other real estate. The POA must spell out, in clear language, that the agent has authority to buy, sell, mortgage, or otherwise transfer immovable property.
If the authority is not included, buyers and title companies will refuse to move forward with the sale. In some situations, families discover this issue only after the principal has suffered an illness or incapacity, creating stressful delays. Our team works with clients to draft POAs that anticipate these needs so their families do not face last-minute obstacles.
Types of Powers an Agent May Need
Depending on the situation, your POA may need to grant several related powers, such as:
- The authority to sell or transfer immovable property;
- Permission to sign acts of sale, purchase agreements, and closing documents;
- The ability to mortgage or refinance property if needed; and
- The authority to manage and maintain the property before sale.
Providing these powers clearly allows your agent to handle a sale from start to finish. When a POA is drafted too narrowly, the agent’s hands may be tied, leaving your family stuck until a court-appointed curator is named.
Durable vs. Non-Durable Power of Attorney
Louisiana also recognizes durable powers of attorney. A durable POA remains valid even if the principal becomes incapacitated. If the POA is not durable, your agent loses authority the moment you can no longer make decisions for yourself.
This distinction matters deeply for real estate. Many families create a POA specifically so someone can manage or sell property if the principal is unable to act. A non-durable POA would defeat that purpose. Our firm typically recommends durable POAs so families maintain stability during difficult situations.
Why Clarity Matters in Louisiana Property Transactions
Real estate sales involve not only high financial stakes but also strict legal requirements. For instance, Louisiana’s Civil Code articles governing mandates require clear wording for property transactions, and sale documents must follow specific formalities. A well-crafted POA ensures that each step of the process complies with Louisiana law.
Clarity also protects the agent. When the POA outlines exact powers, there is far less risk of disputes among family members or challenges to the sale.
When Is a New Power of Attorney Needed?
If your current POA does not contain express permission to sell real estate, or if you are unsure whether the language is sufficient, we can review the document and recommend updates. Many families revise their estate planning documents when:
- Buying or selling a home;
- Moving into assisted living;
- Updating financial plans; or
- Preparing for long-term care needs.
Having a POA that aligns with your goals ensures your family can act quickly and confidently when the time comes.
Contact Our Louisiana Estate Planning Law Firm For Help Today
If you are planning for the future or need guidance with wills, trusts, or probate in Metairie, Louisiana, contact the experienced estate planning attorneys at WJ Blanchard Law to schedule a consultation and protect your family’s legacy today.
We proudly serve New Orleans, Jefferson Parish, and the surrounding areas:
WJ Blanchard Law
2800 Veterans Blvd Suite 257
Metairie, LA 70002
Phone: (504) 313-7478
Hours: Mon-Fri 09:00-17:00
Our firm is located near you. We have an office in Metairie
Find us with our GeoCoordinates: 30.0014913,-90.1498979,893
