Living Wills and Advance Directives in Louisiana
How to make a valid living will (advance directive) and medical power of attorney in Louisiana, with the official form.
Short answer: Any adult may make a written declaration (living will) directing that life-sustaining procedures be withheld or withdrawn if he or she has a terminal and irreversible condition. La. R.S. 40:1151.2
| Living will / advance directive | Any adult may make a written declaration (living will) directing that life-sustaining procedures be withheld or withdrawn if he or she has a terminal and irreversible condition. A written declaration must be signed in the presence of two witnesses; after a terminal diagnosis, an oral or nonverbal declaration may also be made before two witnesses. The statute gives an optional illustrative 'Declaration' form, which may also name another person to make the treatment decision. The declarant must tell the attending physician, and declarations may be registered with the Secretary of State's declaration registry. Source: La. R.S. 40:1151.2 |
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| Medical power of attorney | Louisiana handles a health care power of attorney through a 'mandate' (the Civil Code's term for a power of attorney). Authority to make health care decisions, such as surgery, medical expenses, nursing home residency and medication, must be given expressly in the mandate. A person can also name someone in a living will declaration to make the treatment decision if the declarant has a terminal and irreversible condition and cannot communicate. There is no separate statutory health care power of attorney form. |
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FAQ
How do I make a living will in Louisiana?
Any adult may make a written declaration (living will) directing that life-sustaining procedures be withheld or withdrawn if he or she has a terminal and irreversible condition. A written declaration must be signed in the presence of two witnesses; after a terminal diagnosis, an oral or nonverbal declaration may also be made before two witnesses. The statute gives an optional illustrative 'Declaration' form, which may also name another person to make the treatment decision. The declarant must tell the attending physician, and declarations may be registered with the Secretary of State's declaration registry.
How do I make a medical power of attorney in Louisiana?
Louisiana handles a health care power of attorney through a 'mandate' (the Civil Code's term for a power of attorney). Authority to make health care decisions, such as surgery, medical expenses, nursing home residency and medication, must be given expressly in the mandate. A person can also name someone in a living will declaration to make the treatment decision if the declarant has a terminal and irreversible condition and cannot communicate.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.