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There are two parties involved in a donation. The Donor gives over something to the Donee. A donation can be inter vivos, meaning during life. That means you can donate something while you are still alive. This is a donation between living persons, such as donating a vehicle to another person, rather than selling it to them. Note that according to Louisiana law, there must be a relationship connection in order to donate something, such as blood, or marriage type relationship.
The other way ismortis causa, meaning after death, which is self explanatory. This is really a topic to discuss under the heading of Testaments or Wills, so I will not go into great detail here. Suffice to say that almost anything can be donated, or willed to another after they die. We will cover more about that topic another time. If you would like more information about wills, or testaments, go to that page, or call Joe at Joes Notaries (985) 870-8896.
A donation given when there are forced heirs is still another topic, and is covered in another section of this page. I know there are a lot of terms that are not familiar, so there is a page on this site that explains what each of the terms is. You may also google the term, and obtain more information for your study, if you need more information.
A donation INTER VIVOS can be revoked or dissolved for the following reasons:
1) Ingratitude of the Donee
a. If the Donee attempts to take the life of the donor
b. If the Donee has been guilty towards the donor of cruel treatment, crimes or grievous injuries.
c. If the Donee refuses food to the donor when the donor is in distress.
If the donor chooses to revoke a gift for cause (described in a-c above) the Donee must restore the value of the gift to the day the action for revocation is executed and he/she must also restore any fruits of the property or gift from the day of the action by the donor to revoke the gift.
An Act of Donation must always be in Authentic Form, meaning that all parties must be present, and there must be two witnesses present to attest to the validity of signatures, both of sound mind, and both over the age of majority (18). For all other questions, please call Joe’s Notaries at (985) 870-8896. We will be happy to answer all your questions
Power of Attorney(Also called a Mandate in Louisiana)
What exactly is a MANDATE? According to the Course Handbook for Notaries Public, "If a person is unavailable to enter into a particular transaction of relationship, or to personally appear before a Notary, that person can appoint a mandatary or attorney-in-fact (also called an agent) with the power to do so in his/her stead. Most often called the power of attorney.
The authority of representation may be conferred by law such as parental authority or by juridical act such as a mandate or procuration. The notary is concerned with the juridical act (either unilateral or bilateral).- the contract.
A Mandate is a contract that confers authority to another - the mandatary - to transact one or more affairs for the principal. It differs from a procuration in that the procuration is a unilateral juridical act - in writing - and the mandate is a contract requiring agreement between the principal and the mandatary - and does not have to be in writing,but should be in writing if proof becomes legally necessary.
DID YOU KNOW !