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))