How do I create an advance healthcare directive in Louisiana?
1. Types Recognized
Louisiana recognizes: (a) Declaration Concerning Life-Sustaining Procedures / Living Will (La. R.S. 40:1151.1 to 40:1151.13 — formerly 40:1299.58), (b) Health Care Power of Attorney via Mandate (La. Civ. Code art. 2989 et seq., supplemented by La. R.S. 28:223), (c) LaPOST (Louisiana Physician Orders for Scope of Treatment, La. R.S. 40:1155.1), and (d) Do Not Resuscitate Identification (La. R.S. 40:1137).
2. Statutory Form
La. R.S. 40:1151.3 provides the Declaration Concerning Life-Sustaining Procedures form. The Louisiana State Bar Association distributes recommended Health Care Mandate forms. Use of statutory forms is strongly recommended.
3. Execution Formalities
LIVING WILL: 18+ and of sound mind, signed by declarant in the presence of TWO adult witnesses who also sign (La. R.S. 40:1151.3(B)). Witnesses cannot be qualified to inherit. ALTERNATIVELY, the declarant may make an oral or nonverbal declaration in the presence of two witnesses (§ 40:1151.4). HEALTH CARE MANDATE: La. Civ. Code art. 1832 requires authentic act (notary + 2 witnesses) for full effect, though private signature may suffice for limited purposes.
4. Healthcare Agent (Mandatary) Authority
Under La. R.S. 28:223 and Civ. Code art. 2989, the mandatary may make healthcare decisions the principal could make, including consent to/refusal of life-sustaining procedures. To authorize withholding/withdrawing ANH, express language is recommended.
5. Pregnancy Clauses
La. R.S. 40:1151.6(B): a Declaration is INEFFECTIVE during pregnancy. The Louisiana pregnancy exclusion is absolute and remains in force post-Dobbs.
6. Reciprocity
La. R.S. 40:1151.10 honors declarations validly executed in other states.
7. LaPOST
LaPOST (La. R.S. 40:1155.1 et seq.) is a physician-signed bright-pink order portable across care settings, for patients with serious illness or advanced frailty.
8. Revocation
Under La. R.S. 40:1151.5, the Declaration is revocable at any time, regardless of mental state, by: physical destruction, written revocation, or oral statement of intent communicated to attending physician (witnessed).
9. Default Surrogate
La. R.S. 40:1151.7 provides surrogate priority for terminally ill / permanently unconscious patients without a declaration: judicially appointed tutor/curator > spouse (unless judicially separated) > adult child > parent > adult sibling > other ascendants/descendants.
This is legal information, not legal advice.
- Civil law system — mandate formalities differ from common law POA
- Pregnancy absolute exclusion under § 40:1151.6(B)
- Authentic act recommended for healthcare mandate — notary required
- La. R.S. 40:1151.1 et seq. (Declaration Concerning Life-Sustaining Procedures)
- La. Civ. Code art. 2989 (Mandate)
- La. R.S. 40:1155.1 (LaPOST)
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.