Louisiana Quitclaim Deed (Individual Grantor by Attorney-in-Fact)

Louisiana asks a power of attorney to look like the act it authorizes. Civil Code article 2993 states that the contract of mandate takes no particular form, then adds that a mandate authorizing an act for which the law prescribes a form must be in that form; article 1839 puts a transfer of immovable property in an authentic act or an act under private signature. This Louisiana quitclaim deed prepares the transfer that follows: one individual grantor, named as principal, whose signature is given by a mandatary, the person other states call an attorney-in-fact, and no warranty of title.

Express authority, and a parcel the mandate need not name

Article 2994 lets a principal grant general authority to do whatever is appropriate under the circumstances; that grant does not reach this act. Article 2996 requires that the authority to alienate, acquire, encumber, or lease a thing be given expressly, while adding that neither the property nor its location need be specifically described, so express authority over immovables reaches a lot the mandate never names. A gratuitous transfer takes a second express grant under article 2997. Section 3 carries that into the conveyance record in four entries: the mandate's date, its execution form, the provision granting authority to alienate, and the registry data where the mandate has been filed.

An authority that outlasts incapacity

Article 3026 gives Louisiana a result other states buy with drafting: absent contrary agreement, neither the contract nor the mandatary's authority ends with the principal's incapacity or disability, or another condition making an express revocation impractical. What ends it sits in article 3024, the death of either person, the interdiction of the mandatary, and the qualification of a curator after the principal's interdiction, with article 3025 letting the principal end it at will. Article 3027 then keeps an unfiled revocation or modification of a recorded mandate from reaching persons entitled to rely on the public records.

Whose act it is, and who walks away unbound

Article 3016 keeps a mandatary who contracts in the principal's name, within the limits of his authority, from binding himself personally, and article 3017 supplies the reverse where he contracts in his own name without disclosing the capacity. Section 11 is written against that pair: the mandatary signs solely as mandatary, in the grantor's name and within the mandate's limits, taking on no personal obligation, and the act is the grantor's own. The printed name line in the grantor's block holds the mandatary's name and capacity, and the certificate names the appearer as the person who executed the instrument in behalf of another, the wording Revised Statutes 35:511 prints for a natural person acting by attorney.

A warranty put in by statute, taken back out by the act

Article 2503 puts a warranty against eviction into every Louisiana sale, then lets the parties limit or exclude it; an exclusion alone still leaves the price recoverable after an eviction. Section 9 excludes the warranty as far as the article allows and passes no title acquired later. Section 10 answers the price half from the buyer's side, above the accepting signature: awareness of the danger, acceptance at the grantee's sole peril and risk, and an express release of the price. One liability outlives every exclusion, and capitals carry it: an eviction the transferor's own act occasions.

What this configuration recites

The act names one grantor, one mandatary who signs for that grantor, and one grantee, with a marital status declaration and the grantor's declaration of how the property was acquired. An owner domiciled in another state whose mandatary appears at the parish closing, an owner absent on military assignment, and an owner whose mandate stays in force after incapacity present the pattern this deed recites. A community immovable, whose alienation article 2347 conditions on the concurrence of both spouses, presents one it does not.

Searched as a power of attorney deed, a quit claim deed signed by an agent, or a POA quitclaim deed, it answers to Louisiana's mandate and sales articles. A filing in the parish where the immovable sits is what reaches third persons, and five recorded pages price in the first tier of Revised Statutes 13:844, one hundred dollars before parish charges. The package delivers the blank as a fillable PDF, a completed example filled in on a Bossier Parish pattern where a Houston owner's mandatary signs, and a plain language guide covering the numbered sections and recording. The materials are informational and are not legal advice.