Medical Power of Attorney in Louisiana
How to name a health care agent in Louisiana: signing and witness rules, the official form if the state has one, and how it relates to a living will.
Short answer: Louisiana handles a health care power of attorney through a 'mandate' (the Civil Code's term for a power of attorney). La. Civ. Code art. 2997; La. R.S. 40:1151.2
| 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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| Health care 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| Any adult may make a written declaration (living will) directing that life-sustaining procedures be withheld or withdrawn if he or she has a terminal and irreversible condition. It must be signed in the presence of two witnesses. The law provides an optional illustrative form, which may also name someone to make treatment decisions. Declarations may be registered with the Secretary of State and may be revoked at any time. Witness qualifications are set out in the same law; check them before signing. Revocation: https://legis.la.gov/legis/Law.aspx?d=964665. Source: La. R.S. 40:1151.2, 40:1151.3 |
| 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| Any adult may make a written declaration (living will) directing that life-sustaining procedures be withheld or withdrawn if he or she has a terminal and irreversible condition.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 |
| Official power of attorney forms | Louisiana has no statutory fill-in form for a financial power of attorney (called a mandate or procuration in Louisiana). A mandate is not required to be in any particular form, but when the law prescribes a form for an act, a mandate authorizing that act must be in that same form (Civil Code art. 2993). For end-of-life decisions, R.S. 40:1151.2 provides an optional illustrative "Declaration" (living will) form; a written declaration must be signed by the declarant in the presence of two witnesses, and an adult may also make an oral or nonverbal declaration before two witnesses after diagnosis of a terminal and irreversible condition. Living will declaration: https://legis.la.gov/legis/Law.aspx?d=964664 |
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FAQ
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.
What are the requirements for a health care directive 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. It must be signed in the presence of two witnesses. The law provides an optional illustrative form, which may also name someone to make treatment decisions. Declarations may be registered with the Secretary of State and may be revoked at any time.
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.
Where can I get a power of attorney form in Louisiana?
Louisiana has no statutory fill-in form for a financial power of attorney (called a mandate or procuration in Louisiana). A mandate is not required to be in any particular form, but when the law prescribes a form for an act, a mandate authorizing that act must be in that same form (Civil Code art. 2993). For end-of-life decisions, R.S. 40:1151.2 provides an optional illustrative "Declaration" (living will) form; a written declaration must be signed by the declarant in the presence of two witnesses, and an adult may also make an oral or nonverbal declaration before two witnesses after diagnosis of a terminal and irreversible condition.
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.