Louisiana Advance Directive Form [PDF]

An advance directive, or an advance health care directive, in Louisiana is a legally binding document that allows an individual—referred to as principal—to clearly outline their medical care preferences if they cannot communicate them due to incapacity or illness.

This legal instrument can include two primary forms—a living will, which specifies the medical interventions and treatments an individual desires to have or wishes to avoid, and a durable power of attorney for health care, which designates a trusted person to make medical decisions on their behalf (medical power of attorney).

Creating an advance directive is vital for individuals seeking to assert control over their future medical treatment. However, having legal expertise in this process can help ensure that the document accurately reflects the individual’s values and preferences.

Signing Requirements for Louisiana Advance Health Care Directive

As stated in Section 1151.4 and Section 224 of the Louisiana State Legislature, the requirements for creating a valid advance directive form are as follows:

In addition to the principal's signature and the two witnesses, a written psychiatric examination is required when creating an advance directive for behavioral health treatment in Louisiana. This examination, conducted by a physician or psychologist, confirms that the principal can make informed decisions about their behavioral health and ensure wishes are respected.

Louisiana Advance Health Care Directive Revocation & Changing

The Louisiana advance directive for healthcare takes effect once it is provided to the principal’s treating physician or behavioral health care provider, but an agent cannot make medical decisions unless the principal is determined as incapable.

According to Section 28:231, a healthcare advance directive can be revoked at any time by the principal as long as they are mentally capable. The revocation can be partial or complete. An advance directive revocation becomes effective once the principal informs the treating physician about it.

The physician or provider must document this revocation in the principal’s medical record. If the principal is not capable, they cannot revoke the directive until they regain mental capacity.

Additional Legal Considerations for the Louisiana Advance Health Care Directive

Section 28:230 specifies that a physician in Louisiana may override an advance health care directive in emergencies or when psychotropic medication is essential. In these cases, an administrative review is required, and medication can only be forced if the patient presents a danger or no other options work.

Section 1151.2 of the Louisiana State Legislature outlines a declaration—a type of document in Louisiana that focuses specifically on end-of-life decisions related to life-sustaining treatments. This declaration can be written, oral, or nonverbal, and it must be signed in front of two witnesses.

How to Choose a Health Care Agent in Louisiana

When choosing a Louisiana health care proxy as part of your advance care planning, the person must be at least 18 years old and mentally capable of making medical decisions in the principal's best interest.

The agent can be a trusted family member, close friend, or anyone you believe will respect your medical wishes, except a principal’s physician or health care provider. It’s important to select someone who understands your values and who can act under stressful conditions.

What Happens if You Don’t Have an Advance Directive in Louisiana?

Once the health care advance directive takes effect upon the principal's incapacitation, their wishes regarding medical treatment are considered and followed according to the instructions outlined in the document.

So, if no advance directive exists, decisions about the principal's care will be made by family members, close friends, or an appointed guardian, typically based on what they believe is best for the principal. However, this may not align with what the principal would have actually wanted.