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Louisiana Advance Healthcare Directive

Louisiana Advance Healthcare Directive

By 

Jennifer Mcgee

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Updated on  

November 22, 2022
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8 Mins

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When a person chooses to make a Living Will, along with the Medical Power of Attorney, these two legal documents become an Advance Directive. 

An Advance Directive may include your sign, names of witnesses, their signatures, etc. in adherence to your state’s requirements. Every state has different requirements to be followed. Some states ask for witnesses and notaries, others look for different criteria to be followed. 

Likewise, some states consider Living Will and Advance Directive as different and separate documents, whereas others consider both documents the same. In some states, Living Will and Advance Directive are used interchangeably. 

In this article, you will get a complete guide for making an Advance Directive for Healthcare in Louisiana.

Legal Requirements for a valid Advance Directive

  • Written by the grantor/declarant (i.e. the maker of an Advance Directive): Yes
  • Grantor must be:
  • Above the age of 18 years: Yes
  • Sound mind and memory: Yes
  • Signed by the grantor: Yes
  • Signed by Proxy/Agent: No
  • Proxy/agent accepts his role in writing: No
  • Witness required: Yes
  • Number of witnesses: 2
  • Signed by the witnesses: Yes
  • Number of documents required: 1 
  • Other names for a Living Will in Louisiana: Declaration
  • Other names for a Healthcare Power of attorney in Louisiana: Declaration
  • Proxy can decide on mental health issues: No

Who can be your witnesses in the Louisiana Advance Directive?

Anyone can be your witness in Louisiana if;

  • He is an adult i.e., above 18 years of age, and
  • He is a sound-minded person which means that he can understand the consequences of making an Advance Directive and the laws applied to it.

Your witnesses cannot be:

  • a person related to you by blood, adoption, or marriage,
  • a  person entitled to a share in the estate on your death.
Advance Directive Louisiana

Who can be your Proxy in the Louisiana Advance Directive?

Anyone can be your Proxy/Agent in Louisiana if

  • He is an adult i.e., above 18 years of age, and,
  • He is a sound-minded person which means that he can understand the consequences of making an Advance Directive and the laws applied to it.

Other than the above legal requirements, the Proxy/Agent should be:

  • Trustable to adhere to your wishes and intentions.
  • Trustable to defend you if there’s any disagreement about your medical care.
  • He wanted to be your Attorney in Fact of his own free will to take care of your health affairs.
  •  He should not be your doctor or one of the caretakers.

Note: You can appoint an Alternate Proxy as well. The alternative Proxy/Agent will step in if the first person you name as a proxy is unable, unwilling, or unavailable to act for you or if you decide to revoke his authority.

Notarization required for Louisiana Advance Directive?

Neither do you need to notarize your Advance Directive nor Louisiana requires you to submit your form to the Registry. 

Under Louisiana state laws you do not need to notarize the Living Will and Durable Power of Attorney for Health Care. Although the state of Louisiana maintains Louisiana Advance Directive Registry, where you can submit your Advance Directive. Your healthcare providers and loved ones would easily find a copy of your directive if you file your advance directive with the registry.

Learn about the requirements of Louisiana Last Will and Testament and Louisiana Last Will and Testament Template.

When does an Advance Directive come into effect in Louisiana?

In Louisiana, an Advance Directive becomes legally valid but doesn’t come into effect on signing the form by the grantor, proxy, and witnesses. 

An Advance directive comes into effect only when the doctor declares that you are incapable of deciding on your own and have become debilitated due to illness or injury.

Note: Your Louisiana Advance Directive will not be effective in any medical crisis or emergency unless you are declared incapacitated to understand and communicate your wishes and consent by your doctor. So, the ambulance and hospital emergency department personnel are required to provide cardiopulmonary resuscitation (CPR) unless they are given a separate directive that states otherwise.

How can an Advance Directive be revoked?

You can revoke or terminate your Louisiana Advance Directive at anytime by:

  • A written revocation or directing any other person to write on your behalf in your presence,
  • An oral revocation,
  • Tearing, burning, and obliterating or destroying the document in any other way,
  • In any way which unambiguously conveys your intent to revoke.

Note: Your revocation of the Advance Directive/Declaration to be effective your supervising health-care provider must be informed about it.

How to amend or change an Advance Directive? 

You can make changes or amend your Advance Directive at any time in Louisiana but once it was witnessed and signed you have to remake a new document with the required changes. It is recommended to go through, double-check, and make sure of everything before signing the Advance Directive.

Parts of the Louisiana Advance Directive Form

Part 1: Treatment Preferences i.e. the Living Will

This section states your wishes regarding medical care when your doctor determines that either 

  • that you are terminally ill and to prolong artificially your life you would need artificial life-sustaining procedures or your death will occur with or without the use of life-sustaining procedures, or 
  • that you are in a persistent vegetative state.

Louisiana Advance Directive Sample Form

PART 1: DECLARATION 


Declaration made this _______ day of ____________________________. (day) (month, year) I ___________________________________________________________ (name) being of sound mind, willfully and voluntarily make known my desire that my dying shall not be artificially prolonged under the circumstances set forth below and do hereby declare: 


If at any time I should have an incurable injury, disease, or illness, or be in a continual profound comatose state with no reasonable chance of recovery, certified to be a terminal and irreversible condition by two physicians who have personally examined me, one of whom shall be my attending physician, and the physicians have determined that my death will occur whether or not life-sustaining procedures are utilized and where the application of life-sustaining procedures would serve only to prolong artificially the dying process, I direct: 


Initial only one ______ That all life-sustaining procedures, including nutrition and hydration, be withheld or withdrawn so that food and water will not be administered invasively. ______ 


That life-sustaining procedures, except nutrition and hydration, be withheld or withdrawn so that food and water can be administered invasively. 

I further direct that I be permitted to die naturally with only the administration of medication or the performance of any medical procedure deemed necessary to provide me with comfort care. 

Part 2: Appointment of Healthcare Agent

You can fill this form out and provide all the details. This section allows you to appoint the Healthcare Attorney-in-fact/Agent and fill in his information along with the instructions for him to follow.

Louisiana Advance Directive Sample Form

PART 2:  APPOINTMENT OF HEALTHCARE AGENT


Designation Clause I , __________________________________________________________, (name) authorize __________________________________________________________, (name of agent) residing at __________________________________________________________, __________________________________________________________ (address of agent) 

as my agent, to make all medical treatment decisions for me, including decisions to withhold or withdraw any form of life-sustaining procedure on my behalf should I be 

(1) diagnosed as suffering from a terminal and irreversible condition and 

(2) comatose, incompetent or otherwise mentally or physically incapable of communication. 

I have discussed my desires concerning terminal care with my agent named above, and I trust his/her judgment on my behalf. 

I understand that if I have not filled in any name in this clause or if the agent I have chosen is unavailable or unwilling to act on my behalf, my declaration will nevertheless be given effect should the above-discussed circumstance arise. 

In the event that the agent I have named is unable, unwilling, or unavailable to act as my agent, I authorize _________________________________________________________, (name of agent) residing at _________________________________________________________, _________________________________________________________ (address of agent)

Part 3: Donation of organs

Louisiana Advance Directive Sample Form

PART 3: DONATION OF ORGANS AT DEATH (OPTIONAL) 


Initial the line next to the statement below that best reflects your wishes. You do not have to initial any of the statements. If you do not initial any of the statements, your guardian, agent, or family may have the authority to make a gift of all or part of your body under Louisiana law. 

_____ I do not want to make an organ or tissue donation and I do not want my guardian, agent, or family to do so.

_____ I have already signed a written agreement or donor card regarding organ and tissue donation with the following individual or institution: 

Name of individual/institution:____________________ _____ 


Pursuant to Louisiana law, I hereby give, effective on my death: 

_____Any needed organ or parts. 

_____The following part or organs listed below: For (initial one): 

_____ Any legally authorized purpose. 

_____ Transplant or therapeutic purposes only. 


Add any additional instructions: ___________________________________________________

 

Part 4: Execution

You must sign in the presence of two witnesses. The details of the witnesses along with their signs are also required. 

Louisiana Advance Directive Sample Form

PART 4 : EXECUTION


I understand the full meaning and significance of this declaration and I am emotionally and mentally competent to make this declaration. 

Signed _______________________________________________________ Date: ________________________ City, Parish and State of Residence ___________________________________________________________ ___________________________________________________________ The declarant has been personally known to me and I believe him or her to be of sound mind. I am not related by blood or marriage to the declarant. I am not entitled to any portion of the declarant's estate. 


Witness 1 Signature: ___________________________________________________ Print name: _________________________________________________ Date: ________________________ 


Witness 2 Signature: ___________________________________________________ Print name: _________________________________________________ Date: ___________________

Give photocopies of the signed original to your agent and alternate agent, doctor(s), family, close friends, clergy, and anyone else who might become involved in your health care. If you enter a nursing home or hospital, have photocopies of your document placed in your medical records. 

Be sure to talk to your agent(s), doctor(s), clergy, family, and friends about your wishes concerning medical treatment. Discuss your wishes with them often, particularly if your medical condition changes.

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Frequently Asked Questions

What is the difference between advance care planning and an advance directive?

The Advance Directive is a formalized version of your Advance Care Plan. An Advance Directive is a document through which you plan your healthcare and your preferences for your future care.

What is an advance health care directive in Louisiana?

An Advance Directive is a legal-written document about your future medical care. It is a gift to family members and friends so that they won't have to guess what you want if you no longer can speak for yourself.

Who makes medical decisions if there is no power of attorney in Louisiana?

Any adult can make medical decisions if he is not incapacitated or the judicially appointed tutor or curator of the patient if one has been appointed or an agent acting pursuant to a valid mandate, specifically authorizing the agent to make health care decisions.

Who makes medical decisions if you are incapacitated in Louisiana?

If the patient has not executed a living will or HCPOA, becomes comatose or incapacitated due to a terminal and irreversible condition and unable to make decisions for himself, then the law provides that a representative (patient's spouse, adult child, relative, or judicially appointed curator or tutor) may make decisions.

What makes an advance decision invalid?

An advance decision may only be considered valid when you're aged 18 and have the capacity to make and understand your decision when you made it and its consequences. If these conditions are not fulfilled, your Kentucky Advance Directive will not be valid.
Jennifer Mcgee
Parent to five young children. Expert in Estate Planning, Probate, and Family Law Matters. Volunteer with Victim’s Advocates in the local sheriff's department...
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Got Questions?

Hi, I’m Jennifer McGee.

Co-founder & Head of Legal at TrulyWill

Feel free to book a call with me to help you with your estate plan.

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