2014 Louisiana Laws
Revised Statutes
TITLE 9 - Civil Code-Ancillaries
RS 9:3854 - Substitution
§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 mandate.
B. While the action is pending, the court may do any of the following:
(1) Order an accounting from the mandatary.
(2) Order, without first holding a contradictory hearing, a financial institution, a healthcare provider, or any other person to provide the financial, medical, or other information of any defendant to the action.
(3) Appoint a qualified person to investigate the allegations of the petition and to report the findings.
(4) On its own motion, order other appropriate discovery.
(5) Enjoin the mandatary from exercising all or some of the powers granted by the mandate during the pendency of the action.
(6) Appoint a person to exercise some or all of the authority granted by the mandate, including authority to perform routine financial transactions and to make healthcare decisions, if there is no successor or substitute mandatary named in the mandate who is able or willing to serve, or if no law otherwise provides a person to act.
C. In reaching its decision, the court shall consider the mandate and may consider any other relevant factors, including any of the following:
(1) The expressed wishes of the principal.
(2) The known or reasonable expectations of the principal.
(3) The best interests of the principal.
(4) Any will, trust, or beneficiary designation executed by the principal.
(5) The principal's history or pattern of donations inter vivos.
(6) Physical, financial, or psychological abuse of the principal.
(7) Fraud, duress, or undue influence.
(8) The principal's regular contact with family and friends other than the mandatary.
(9) The ability of the principal to comprehend generally the nature and consequences of the acts of the mandatary.
(10) The donee's knowledge or imputed knowledge that a donation was not for the benefit or gratification of the principal.
(11) The good or bad faith of a defendant.
D. Unauthorized acts by or with the consent of a mandatary are subject to injunctive relief without a showing of irreparable injury.
Acts 2014, No. 356, §1.
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