RÉSUMÉ DIGEST
ACT 38 (SB 55) 2023 Regular Session Luneau
Prior law provided 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.
New law changes prior 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.
Prior law provided that a resident succession representative may appoint an agent to
represent him when temporarily absent from the state. New law retains prior law and further
provides that a succession representative may appoint an agent to alienate, acquire, lease,
or encumber specific property on specific terms.
New law provides that a procuration or mandate granted for the purposes of existing law
may either state the specific terms of the transaction or state that the succession
representative has approved of the terms of the transaction.
Prior law provided for the filing of the power of attorney in the record of the succession
proceeding.
New law changes prior 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))