2023 Regular Session ENROLLED
SENATE BILL NO. 55
BY SENATOR LUNEAU
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
1 AN ACT
2 To amend and reenact Code of Civil Procedure Article 3191(B), relative to probate
3 procedure; to provide relative to functions, powers, and duties of a succession
4 representative; to provide with respect to procuration or mandate; to provide relative
5 to appointment of an agent; to provide with respect to authority of an agent appointed
6 by a succession representative; to provide for an effective date; and to provide for
7 related matters.
8 Be it enacted by the Legislature of Louisiana:
9 Section 1. Code of Civil Procedure Article 3191(B) is hereby amended and
10 reenacted to read as follows:
11 Art. 3191. General duties; appointment of agent
12 * * *
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
18 alienate, acquire, lease, or encumber specifically described property on specific
19 terms. A procuration or mandate granted for this purpose may either recite the
20 specific terms of the transaction or state that the succession representative has
21 approved the terms of the transaction. In either case, the power of attorney The
22 procuration or mandate appointing the agent shall be filed in the record of the
23 succession proceeding and shall not need court approval.
24 * * *
25 Section 2. This Act shall become effective on July 1, 2023; if vetoed by the governor
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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 ENROLLED
1 and subsequently approved by the legislature, this Act shall become effective on the day
2 following such approval by the legislature or July 1, 2023, whichever is later.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.