Jack has a problem. He and his widowed mother are down on their luck and starving to death.
In fact, they have only a cow left, and Mom has sent Jack to town to sell it on her behalf.
On the way to town, Jack meets a strange fellow with glowing eyes who offers to trade the cow for some magic beans. Jack wants to make the trade, but his mother owns the cow, not him. The strange-looking trader tells Jack he needs something in writing to do business with him.
What’s a giant killer to do?
Under Louisiana law, Jack simply needs a mandate, or what is commonly called a power of attorney, from his mother.
A mandate is a contract in which a person (the principal) confers authority on another person (the mandatary) to transact one or more affairs for the principal. The principal may give general authority to act, to do whatever is appropriate under the circumstances, or it can be limited to a certain action. A power of attorney is a valuable document to have for aging parents, especially regarding health decisions such as surgery, medical expenses, nursing home residency and medication.
The document must expressly give the right to make health decisions in order for Jack to decide medical issues for his mother.
Jack’s mom gives him a power of attorney to trade the cow, but she quickly regrets her decision when her son returns home with the magic beans. She promptly tosses them out of her kitchen window and, well, the rest is history.
Mom does learn a valuable lesson: Don’t give a mandate to a knucklehead.
David Doughty is an attorney for the law firm of Cotton, Bolton, Hoychick & Doughty.
