FREE LA-Notary Mandate (Powers of Attorney) and Representation Questions and Answers

Question 1

A mandate, or power of attorney, authorizing an agent to sell a piece of immovable property must be in what form?

Accepted Answer

It must be in the same form required for the act of sale itself (act under private signature or authentic act).

Answer

It can be oral if there is a witness.

Answer

It must be in writing.

Answer

It must be recorded in the parish where the agent resides.

Question 2

A power of attorney that grants the agent the authority to 'manage all of my affairs' is considered a general mandate. Which of the following actions would require express, specific authority not granted by this general language?

Accepted Answer

Donating the principal's car to a charity.

Answer

Paying a utility bill for the principal.

Answer

Hiring a contractor to make minor repairs to the principal's home.

Answer

Depositing a check into the principal's bank account.

Question 3

A principal grants a power of attorney to an agent. Which of the following events will automatically terminate the mandate by operation of law?

Accepted Answer

The death of the principal.

Answer

The agent moves to a different parish.

Answer

The principal becomes temporarily ill.

Answer

The agent misplaces the original power of attorney document.

Question 4

A principal wants to grant a power of attorney that will remain effective even if he later becomes incapacitated. What specific language must be included in the document?

Accepted Answer

'This power of attorney shall not be affected by my subsequent disability or incapacity.'

Answer

'This power of attorney is irrevocable.'

Answer

'This power of attorney is granted in perpetuity.'

Answer

'This power of attorney is for healthcare decisions only.'

Question 5

An agent, acting under a valid power of attorney, signs a contract with a third party on behalf of the principal. If the agent acted within the scope of his authority and disclosed his representative capacity, who is bound by the contract?

Accepted Answer

Only the principal.

Answer

Only the agent.

Answer

Both the agent and the principal are personally liable.

Answer

Neither party is bound until the principal ratifies the contract.

Question 6

A principal executes a power of attorney and has it recorded in the public records. To effectively revoke this mandate with respect to third parties who may rely on the public record, the principal must:

Accepted Answer

File a written revocation in the same public records where the mandate was recorded.

Answer

Simply notify the agent orally that he is fired.

Answer

Send a certified letter to the agent.

Answer

Publish a notice of revocation in the local newspaper.

Question 7

In Louisiana Civil Law terminology, the written instrument that contains a power of attorney is often referred to as a(n):

Accepted Answer

Procuration

Answer

Mandate

Answer

Act of Agency

Answer

Letter of Representation