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0 chapters · 2,009 sections in this title.
La. Rev. Stat. § 9:3850 Express mandate between spouses; revocation
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§3850. Express mandate between spouses; revocation An express mandate from one spouse to another authorizing transactions with a specified creditor may be revoked only by delivery of written revocation to the creditor. Added by Acts 1978, No. 511, §1.
La. Rev. Stat. § 9:3851 Who may file; petition contents; service; venue
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§3851. Who may file; petition contents; service; venue A. When a principal is a natural person for whom a curator with appropriate authority has not qualified, any of the following persons may petition a court on behalf of the principal to review the acts of the principal's manda…
La. Rev. Stat. § 9:3852 Dismissal upon motion to dismiss filed by the principal
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§3852. Dismissal upon motion to dismiss filed by the principal A. If the principal files a motion to dismiss the action, the principal shall testify in person at the hearing on the motion or, with the agreement of the parties or for good cause shown, by visual remote technology o…
La. Rev. Stat. § 9:3853 Substitution
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§3853. Substitution Upon the interdiction or death of the principal, the court shall allow a curator with appropriate authority or the principal's legal successor to be substituted for the plaintiff. Acts 2014, No. 356, §1.
La. Rev. Stat. § 9:3854 Relief
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§3854. Relief A. If the court finds that a mandatary has violated a duty or failed to perform any obligation as a mandatary, the court may: (1) Grant any relief to which the principal is entitled. (2) Enjoin the mandatary from exercising all or some of the powers granted by the m…
La. Rev. Stat. § 9:3855 Payment of costs and attorney fees
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§3855. Payment of costs and attorney fees The court may render judgment for costs and attorney fees, or any part thereof, against any party. Nevertheless, costs or attorney fees shall not be awarded to a petitioner when the petition is dismissed on the merits. Acts 2014, No. 356,…
La. Rev. Stat. § 9:3856 Applicability
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§3856. Applicability A. This Chapter applies to a procuration and a representative in the same manner as it applies to a mandate and a mandatary, respectively, and allows an action against a representative for violating any duty or failing to fulfill any obligation in the procura…
La. Rev. Stat. § 9:386 Actions pending on effective date of spousal support revision act; law governing
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§386. Actions pending on effective date of spousal support revision act; law governing Acts 1997, No. 1078 does not apply to actions for separation from bed and board or divorce or actions for incidental relief commenced before January 1, 1998, or to reconventional demands theret…
La. Rev. Stat. § 9:3861 Application; military personnel
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§3861. Application; military personnel A. The military power of attorney provided in this Chapter may be executed by: (1) Military personnel. (2) Other persons eligible for legal assistance under the provisions of 10 U.S.C. 1044 or regulations of the Department of Defense. B. "Mi…
La. Rev. Stat. § 9:3862 Illustrative form; military power of attorney
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§3862. Illustrative form; military power of attorney The following is an illustrative form of a military power of attorney suggested for use by military personnel or other eligible persons who reside or own immovable property in the state of Louisiana: LOUISIANA'S MILITARY POWER …
La. Rev. Stat. § 9:3863 Requirements for legally sufficient power of attorney; federal preemption
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§3863. Requirements for legally sufficient power of attorney; federal preemption A. In accordance with 10 U.S.C. 1044b, a military power of attorney is exempt from any requirement of form, substance, formality, or recording that is provided for powers of attorney under the laws o…
La. Rev. Stat. § 9:3864 Initialed lines on form or designation as general or special; no limitation of powers
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§3864. Initialed lines on form or designation as general or special; no limitation of powers A. If the line in front of (N) of the statutory form under R.S. 9:3862 is initialed, an initial on the line in front of any other power does not limit the powers granted by line (N). B. T…
La. Rev. Stat. § 9:3867 Additional form of power of attorney; application of this Chapter
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§3867. Additional form of power of attorney; application of this Chapter A. Nothing in this Chapter affects or limits the use of: (1) Any other military power of attorney prepared and executed in accordance with the provisions of 10 U.S.C. 1044b, regardless of form, substance, fo…
La. Rev. Stat. § 9:3868 Short title
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§3868. Short title This Chapter may be cited as the "Louisiana Military Power of Attorney Act". Acts 1991 1st E.S., No. 5, §1, eff. April 17, 1991; Acts 1995, No. 1131, §1.
La. Rev. Stat. § 9:3869 Application and construction of Chapter
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§3869. Application and construction of Chapter This Chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this Chapter among states enacting it. Acts 1991 1st E.S., No. 5, §1, eff. April 17, 1991.
La. Rev. Stat. § 9:387 Spousal support; period of grace after effective date of spousal support revision act
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§387. Spousal support; period of grace after effective date of spousal support revision act A person who is entitled to assert a claim for spousal support, and who is adversely affected by the provisions of Acts 1997, No. 1078, has one year from January 1, 1998, within which to a…
La. Rev. Stat. § 9:3870 Powers granted
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§3870. Powers granted By executing a military power of attorney with respect to a subject listed in R.S. 9:3862, the principal, except as limited or extended by the principal in the power of attorney, empowers the agent, for that subject, to do all of the following: (1) Demand, r…
La. Rev. Stat. § 9:3871 Tangible personal property transactions; powers granted
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§3871. Tangible personal property transactions; powers granted In a military power of attorney, the language granting power with respect to tangible personal property transactions empowers the agent to do all of the following: (1) Accept as a gift or as security for a loan, rejec…
La. Rev. Stat. § 9:3872 Stock and bond transactions; powers granted
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§3872. Stock and bond transactions; powers granted In a military power of attorney, the language granting power with respect to stock and bond transactions empowers the agent to do all of the following: (1) Buy, sell, and exchange stocks, bonds, mutual funds, and all other types …
La. Rev. Stat. § 9:3873 Commodity and option transactions; powers granted
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§3873. Commodity and option transactions; powers granted In a military power of attorney, the language granting power with respect to commodity and option transactions empowers the agent to do all of the following: (1) Buy, sell, exchange, assign, settle, and exercise commodity f…
La. Rev. Stat. § 9:3874 Banking and other financial institution transactions; powers granted
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§3874. Banking and other financial institution transactions; powers granted In a military power of attorney, the language granting power with respect to banking and other financial institution transactions empowers the agent to do all of the following: (1) Continue, modify, and t…
La. Rev. Stat. § 9:3875 Business operating transactions; powers granted
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§3875. Business operating transactions; powers granted In a military power of attorney, the language granting power with respect to business operating transactions empowers the agent to do all of the following: (1) Operate, buy, sell, enlarge, reduce, and terminate a business int…
La. Rev. Stat. § 9:3876 Insurance and annuity transactions; powers granted
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§3876. Insurance and annuity transactions; powers granted In a military power of attorney, the language granting power with respect to insurance and annuity transactions empowers the agent to do all of the following: (1) Continue, pay the premium or assessment on, modify, rescind…
La. Rev. Stat. § 9:3877 Estate, trust, and other beneficiary transactions; powers granted
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§3877. Estate, trust, and other beneficiary transactions; powers granted In a military power of attorney, the language granting power with respect to estate, trust, and other beneficiary transactions, empowers the agent to act for the principal in all matters that affect a trust,…
La. Rev. Stat. § 9:3878 Claims and litigations; powers granted
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§3878. Claims and litigations; powers granted In a military power of attorney, the language with respect to claims and litigation empowers the agent to do all of the following: (1) Assert and prosecute before a court or administrative agency a claim, claim for relief, cause of ac…
La. Rev. Stat. § 9:3879 Personal and family maintenance; powers granted
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§3879. Personal and family maintenance; powers granted In a military power of attorney, the language granting power with respect to personal and family maintenance empowers the agent to do all of the following: (1) Do the acts necessary to maintain the customary standard of livin…
La. Rev. Stat. § 9:3879.1 Care, custody, and control of minor child
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§3879.1. Care, custody, and control of minor child In a military power of attorney, the language granting power with respect to the care, custody, and control of a minor child empowers the agent to do all of the following: (1) The general functions, powers, and duties accorded to…
La. Rev. Stat. § 9:3880 Social security; civil or military benefits; powers granted
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§3880. Social security; civil or military benefits; powers granted In a military power of attorney, the language granting power with respect to benefits from social security, Medicare, Medicaid or other governmental programs, or civil or military service, empowers the agent to do…
La. Rev. Stat. § 9:3881 Retirement plan transactions; powers granted
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§3881. Retirement plan transactions; powers granted In a military power of attorney, the language granting power with respect to retirement plan transactions empowers the agent to do all of the following: (1) Select payment options under any retirement plan in which the principal…
La. Rev. Stat. § 9:3882 Tax matters; powers granted
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§3882. Tax matters; powers granted In a military power of attorney, the language granting power with respect to tax matters empowers the agent to do all of the following: (1) Prepare, sign, and file federal, state, local, and foreign income, gift, payroll, Federal Insurance Contr…
La. Rev. Stat. § 9:3882.1 Real or immovable property transactions; powers granted
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§3882.1. Real or immovable property transactions; powers granted In a military power of attorney, the language granting power with respect to real or immovable property transactions empowers the agent to do all of the following: (1) Accept as a gift or as security for a loan, rej…
La. Rev. Stat. § 9:3883 After-acquired property; state where property is located or where power is executed
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§3883. After-acquired property; state where property is located or where power is executed The powers described in this Chapter are exercisable equally with respect to an interest the principal has when the military power of attorney is executed or acquires later, whether or not …
La. Rev. Stat. § 9:3884 Trust instruments; power to modify or revoke
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§3884. Trust instruments; power to modify or revoke A military power of attorney under this Chapter does not empower the agent to modify or revoke a trust created by the principal unless that power is expressly granted by the power of attorney. If a military power of attorney und…
La. Rev. Stat. § 9:3885 Liability of person acting in good faith reliance upon power of attorney
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§3885. Liability of person acting in good faith reliance upon power of attorney A. Any person, firm, corporation, financial institution, or other entity who acts in good faith reliance upon a military power of attorney is not liable to the principal or to any other person for so …
La. Rev. Stat. § 9:3886 Application of power of attorney to all or portion of property of principal; description of items or parcels
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§3886. Application of power of attorney to all or portion of property of principal; description of items or parcels A. A military power of attorney may by its terms apply to all or a portion of the personal or movable property of the principal, whether owned by the principal at t…
La. Rev. Stat. § 9:3887 Acceptance of military power of attorney
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§3887. Acceptance of military power of attorney A. No state bank, trust company, national bank, savings bank, federal mutual savings bank, savings and loan association, federal savings and loan association, federal mutual savings and loan association, credit union or federal cred…
La. Rev. Stat. § 9:3890 Conditional procuration
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§3890. Conditional procuration A. The term "conditional procuration" means a written document stating that the procuration becomes effective upon the disability of the principal. B. In a conditional procuration, the disability of a principal shall be established by an authentic a…
La. Rev. Stat. § 9:3891 Definitions
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§3891. Definitions (1) "Agency" means a relationship in which a real estate broker or licensee represents a client by the client's consent, whether express or implied, in an immovable property transaction. (2) "Broker" means any person licensed by the Louisiana Real Estate Commis…
La. Rev. Stat. § 9:3892 Relationships between licensees and persons
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§3892. Relationships between licensees and persons Notwithstanding the provisions of Civil Code Articles 2985 through 3032 or any other provisions of law, a licensee engaged in any real estate transaction shall be considered to be representing the person with whom he is working a…
La. Rev. Stat. § 9:3893 Duties of licensees representing clients
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§3893. Duties of licensees representing clients A. A licensee representing a client shall: (1) Perform the terms of the brokerage agreement between a broker and the client. (2) Promote the best interests of the client by: (a) Seeking a transaction at the price and terms stated in…
La. Rev. Stat. § 9:3894 Licensee's relationship with customers
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§3894. Licensee's relationship with customers A. Licensees shall treat all customers honestly and fairly and when representing a client in a real estate transaction may provide assistance to a customer by performing ministerial acts. Performing those ministerial acts shall not be…
La. Rev. Stat. § 9:3895 Termination of agency relationship
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§3895. Termination of agency relationship Except as may be provided in a written agreement between the broker and the client, neither a broker nor any licensee affiliated with the broker owes any further duties to the client after termination, expiration, or completion of perform…
La. Rev. Stat. § 9:3896 Compensation; agency relationship
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§3896. Compensation; agency relationship The payment or promise of payment of compensation to a broker is not determinative of whether an agency relationship has been created. Acts 1997, No. 31, §1, eff. March 1, 1998.
La. Rev. Stat. § 9:3897 Dual agency
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§3897. Dual agency A. A licensee may act as a dual agent only with the informed written consent of all clients. Informed consent shall be presumed to have been given by any client who signs a dual agency disclosure form prepared by the commission pursuant to its rules and regulat…
La. Rev. Stat. § 9:3898 Subagency
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§3898. Subagency Subagency can only be created by a written agreement. A licensee is not considered to be a subagent of a client or another broker solely by reason of membership or other affiliation by the broker in a multiple listing service or other similar information source. …
La. Rev. Stat. § 9:3899 Vicarious liability
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§3899. Vicarious liability A client shall not be liable for the acts or omissions of a licensee in providing brokerage services for or on behalf of the client. Acts 1997, No. 31, §1, eff. March 1, 1998.
La. Rev. Stat. § 9:3901 Premium on bond, expense of administration
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§3901. Premium on bond, expense of administration Any executor, administrator, curator, tutor, liquidator, receiver, syndic, or other similar officer appointed or confirmed by any court of the state who is required to give bond, may charge among the expenses of his administration…
La. Rev. Stat. § 9:3902 Failure of surety to pay; recovery of attorney's fees
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§3902. Failure of surety to pay; recovery of attorney's fees If the surety on a bond fails to pay his obligation and it becomes necessary for the creditor to sue thereon, the latter shall be entitled to ten per cent attorney's fees on the amount recovered, provided he has employe…
La. Rev. Stat. § 9:3903 Subrogation in favor of surety on twelve months' bond
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§3903. Subrogation in favor of surety on twelve months' bond Whenever a person bound as surety upon a twelve months' bond has paid the same, he shall be subrogated to all the rights which the original creditor had at the time such bond was given, or at the time the bond is paid b…
La. Rev. Stat. § 9:3904 Agreement with surety as to deposit of moneys
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§3904. Agreement with surety as to deposit of moneys It shall be lawful for any party of whom a bond, undertaking or other obligation is required, to agree with his surety or sureties for the deposit of any or all moneys and assets for which he and his surety or sureties are or m…
