SLS 23RS-214 ORIGINAL
2023 Regular Session
SENATE BILL NO. 55
BY SENATOR LUNEAU
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
SUCCESSIONS. Provides for procuration or mandate by a succession representative.
(7/1/23)
1 AN ACT
2 To amend and reenact Code of Civil Procedure Art. 3191(B), relative to probate procedure;
3 to provide relative to functions, powers, and duties of a succession representative;
4 to provide with respect to procuration or mandate; to provide relative to appointment
5 of an agent; to provide with respect to authority of an agent appointed by a
6 succession representative; to provide for an effective date; and to provide for related
7 matters.
8 Be it enacted by the Legislature of Louisiana:
9 Section 1. Code of Civil Procedure Art. 3191(B) is hereby amended and reenacted
10 to read as follows:
11 Art. 3191. General duties; appointment of agent
12 A. * * *
13 B. A nonresident succession representative may execute a power of attorney
14 procuration or mandate appointing a resident of the state to represent him in all
15 acts of his administration. A resident succession representative who will be absent
16 from the state temporarily similarly may appoint an agent to act for him during his
17 absence. Additionally, a succession representative may appoint an agent to
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 55
SLS 23RS-214 ORIGINAL
1 alienate, acquire, lease, or encumber specifically described property on specific
2 terms. A procuration or mandate granted for this purpose may either recite the
3 specific terms of the transaction or state that the succession representative has
4 approved the terms of the transaction. In either case, the power of attorney The
5 procuration or mandate appointing the agent shall be filed in the record of the
6 succession proceeding and shall not need court approval.
7 * * *
8 Section 2. This Act shall become effective on July 1, 2023; if vetoed by the governor
9 and subsequently approved by the legislature, this Act shall become effective on the day
10 following such approval by the legislature July 1, 2023, whichever is later.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Lebra R. Bias.
DIGEST
SB 55 Original 2023 Regular Session Luneau
Present law provides that a nonresident succession representative may appoint a state
resident to represent him in all acts of his administration by executing a power of attorney.
Proposed law changes present law by providing that a nonresident succession representative
may execute a procuration or mandate to appoint a state resident to represent the nonresident
succession representative in all acts of his administration.
Present law provides that a resident succession representative may appoint an agent to
represent him when temporarily absent from the state. Proposed law retains present law and
further provides that a succession representative may appoint an agent to alienate, acquire,
lease, or encumber specific property on specific terms.
Proposed law provides that a procuration or mandate granted for the purposes of present law
may either state the specific terms of the transaction or state that the succession
representative has approved of the terms of the transaction.
Present law provides for the filing of the power of attorney in the record of the succession
proceeding.
Proposed law changes present law by providing for the filing of the procuration or mandate
rather than the power of attorney in the record of the succession proceeding which shall not
need court approval.
Effective July 1, 2023.
(Amends C.C.P. Art. 3191(B))
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.