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Many times a person will come to you and ask you to prepare a "durable" power of attorney. By their very nature, powers of attorney are revocable. The exception is that if the parties agree (the mandatary and the principal), the power of attorney can be irrevocable for as long as the object of the contract may require.

There is another exception to revocability. In Louisiana, unless there is a provision to the contrary in the power of attorney, a power of attorney does not terminate if the principal becomes incapacitated. In other words, if the principal no longer has capacity, he cannot terminate the power of attorney. In this respect, a power of attorney is irrevocable (durable) once the principal becomes incapacitated such that he has lost mental capacity.

The Military Power of Attorney Act provides an additional method for granting a power of attorney when the principal is military personnel on active duty, service or other training. This includes any branch of the armed forces of the United States, reserve units, and the Louisiana National Guard. There is an illustrative form provided in the act. It also includes persons authorized to receive legal assistance from the military services.

If the principal executes this power of attorney, the Military Power of Attorney Act sets forth all of the powers, expressed and implied, that the power of attorney grants.

This power of attorney must be notarized either by a Louisiana notary or by a person authorized by 10 U.S.C. 1044a and b (federal law). The proposed form in the statute is executed in authentic form. There does not appear to be a specific requirement that this power of attorney be in authentic for, only that it be notarized "in accordance with 10 U.S.C. 1044a or other applicable state or federal law.

We hope you have enjoyed this month's newsletter. Call or email with any comments or questions., 225-761-1354

Dan D. Schaneville

Statewide Notary Education, LLC

2842 Valcour Aime Ave.

Baton Rouge, LA 70820

225-761-1354 (Office)

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