Louisiana Revised Statutes & Codes

La. Rev. Stat. § 9:5647 (2026)

A. Any action to set aside a document or instrument on the ground that the party executing the document or instrument under authority of a power of attorney was without authority to do so, or that the power of attorney was not valid, is prescribed by five years, beginning from the date on which the document or instrument is recorded in the conveyance records, or the mortgage records if appropriate. Nothing contained in this Section shall be construed to limit or prescribe any action or proceeding which may arise between a principal and the person acting under authority of a power of attorney.

✓ current as of May 2026

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§5647. Power of attorney; action to set aside under certain conditions

A. Any action to set aside a document or instrument on the ground that the party executing the document or instrument under authority of a power of attorney was without authority to do so, or that the power of attorney was not valid, is prescribed by five years, beginning from the date on which the document or instrument is recorded in the conveyance records, or the mortgage records if appropriate. Nothing contained in this Section shall be construed to limit or prescribe any action or proceeding which may arise between a principal and the person acting under authority of a power of attorney.

B. The prescriptive period established by Subsection A of this Section shall be retroactive and shall apply to all such documents whether recorded prior to or after August 15, 2008; however, as to any documents recorded prior to August 15, 2008, as to which prescription has not already run and become final, the prescriptive period established by Subsection A of this Section shall become final and complete ten years from the date the document was recorded or August 15, 2013, whichever occurs first.

Added by Acts 1982, No. 481, §1; Acts 2008, No. 371, §1, 2; Acts 2010, No. 196, §1.

Notes of Decisions

Cited in 6 cases, 2012–2015 · leading case: Noel v. Noel, 165 So. 3d 401 (La. Ct. App. 2015).

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Noel v. Noel, 165 So. 3d 401 (La. Ct. App. 2015). · cites it 4× “Any action to set aside a document or instrument on the ground that the party executing the 114document or instrument under authority of a power of attorney was without authority to do so, or that the power of attorney was not valid, is prescribed by five years, beginning from…”

Succession of Samuel, 158 So. 3d 27 (La. Ct. App. 2014). · cites it 9× “R.S. 9:5647 and a “motion to recognize the one-half ownership interest conveyed by the 1998 act of sale be recognized and made a judgment of the court.”

Bretz v. Samuel, 104 So. 3d 415 (La. 2012). “R.S. 9:5647 (which provides a five-year prescriptive period for actions to set aside acts executed under a power of |2attorney) in resolving this matter.”

Bretz v. Samuel, 89 So. 3d 1275 (La. Ct. App. 2012). · cites it 3× “R.S. 9:5647 is dispositive as to the validity of the 1998 act of sale in this case.”

LeGardeur v. Coleman, 131 So. 3d 1035 (La. Ct. App. 2013). · cites it 3× “The Louisiana Fourth Circuit stated in its opinion that Barry failed to appeal the trial court’s judgment and further indicated that Barry abandoned his argument as to just title of the remaining 50% interest on appeal by conceding to the trial court’s judgment.”

Bretz v. Samuel, 107 So. 3d 941 (La. Ct. App. 2013). “R.S. 9:5647. Additionally, pursuant to § 1 of La.”

— La. Rev. Stat. § 9:5647(A) — 1 case

LeGardeur v. Coleman, 131 So. 3d 1035 (La. Ct. App. 2013). “The Louisiana Fourth Circuit stated in its opinion that Barry failed to appeal the trial court’s judgment and further indicated that Barry abandoned his argument as to just title of the remaining 50% interest on appeal by conceding to the trial court’s judgment.”

— La. Rev. Stat. § 9:5647(B) — 1 case

Succession of Samuel, 158 So. 3d 27 (La. Ct. App. 2014). “R.S. 9:5647 and a “motion to recognize the one-half ownership interest conveyed by the 1998 act of sale be recognized and made a judgment of the court.”

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