RDCSB55 4469 2586
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
SB 55 Engrossed 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))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Civil Law and
Procedure to the engrossed bill:
1. Make technical changes and clarify the effective date.
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