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A Louisiana living will, also known as an advance directive, is a legal document that outlines your wishes related to medical care if you are no longer able to make your own medical decisions. It is often used because of an irreversible condition, continual profound comatose state, an incurable injury, or terminal condition for which there is no reasonable chance of recovery. You must be a competent adult to create a living will declaration under Louisiana law. A Louisiana living will is also used to name an adult person to authorize decisions, such as surgical treatment, medical procedures, and withdrawal of life support on your behalf if you are unable to do so in the future. A Louisiana living will must have two witnesses. You can put a copy on file with the End of Life Registry which is maintained by the Secretary of State.
A living will is an estate planning tool that is a nonverbal expression or nonverbal declaration of your desires during the dying process. It may include the application of life support, a do-not-resuscitate (cardiopulmonary resuscitation) order, and cover your other desires related to medical procedures. Its goal is to make your decisions known so that your loved ones aren't left making difficult decisions or fighting among themselves about what they think you might have wanted. You have the right to revoke your living will. You must create a written notice of revocation.
A living will is not the same as a power of attorney or a durable power of attorney. A power of attorney or a durable power of attorney does not authorize the use of such life support revocation by a health care proxy if you become unable to make your own decision even if it is your wish. You must have a living will or a certified copy of a living will available.
§ 1299.58.1: The purpose of Louisiana’s law is to protect the rights of individuals to make their own medical decisions in advance of a time when they are unable to express those wishes because they are incapacitated. Such a person who creates a living will must have Louisiana as their state of residence. The health care provider or health care facility has the right to verify that there is a living will in place either by checking the living will registry or the declarant's medical record.
The State's living will declaration includes the declarant's parish as well as an understanding that such refusal of certain procedures as listed in the written declaration will result in the declarant's death. Before the declarant signs, there are a couple of key statements:
Once the declarant signs the document, they have certified that they have expressed their legal right to what they want in their final moments and that it is, indeed, their signature.
The State's living will also includes a written revocation section to make it easier for the declarant to make changes to their desires if it becomes necessary.
To further express your wishes after your death, use a Louisiana last will and testament.
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