HASBSB55 BELLM 2263
SENATE SUMMARY OF HOUSE AMENDMENTS
SB 55 2023 Regular Session Luneau
KEYWORD AND SUMMARY AS RETURNED TO THE SENATE
SUCCESSIONS. Provides for procuration or mandate by a succession
representative. (7/1/23)
SUMMARY OF HOUSE AMENDMENTS TO THE SENATE BILL
Make technical changes and clarify the effective date.
DIGEST OF THE SENATE BILL AS RETURNED TO THE SENATE
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))
______________________
Nicholas Davison
Attorney
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