Mandate and Representation – Procuration may be conditional on disability

Mandate and Representation – Procuration may be conditional on disability

R.S. 9:3890 Conditional procuration. A. The term “conditional procuration” means a written document stating that the procuration becomes effective upon the disability of the principal.

B. In a conditional procuration, the disability of a principal shall be established by an authentic act as described in Subsection C, stating that due to any infirmity, the principal is unable consistently to make or to communicate reasoned decisions regarding the care of the principal’s person or property.

C. The authentic act shall be signed by two physicians licensed to practice medicine by the Louisiana State Board of Medical Examiners who have personally examined the principal. However, if the executed conditional procuration so provides, the authentic act may be signed by the attending physician who is licensed to practice medicine by the Louisiana State Board of Medical Examiners and the agent appointed in the conditional procuration.

D. A conditional procuration which has been entered into under the provisions of this Section and which has become effective as provided in this Section shall have the same effectiveness as any other procuration.

E. Except as otherwise specifically provided in this Chapter, a conditional procu­ration which becomes effective upon a determination of disability shall be subject to all of the provisions of the Louisiana Civil Code and all other provisions of law which govern procuration.