In Louisiana, a living will, known as a “Declaration,” must meet specific legal requirements to be valid. A living will form allows an individual to outline their preferences for medical treatment in the event they become incapacitated and unable to communicate their wishes.
The declarant (the person creating the document) must sign and date the Louisiana living will. If the declarant cannot sign, another person may sign on their behalf, but this must be done in the declarant’s presence and at their direction. The document must clearly state the declarant’s wishes regarding life-sustaining procedures to be valid. Once a physician is notified of the living will, they must include it in the declarant’s medical records and comply with its instructions.
In Louisiana, the legal framework governing the creation and execution of a living will, also known as a “Declaration,” is detailed in Louisiana Revised Statutes Title 40, Sections 1151.1-1151.8. Adhering to specific signing requirements and laws is essential to ensure that a living will is legally valid and enforceable.
The declarant must sign and date the document. If the declarant is physically unable to sign, another person may sign the document on their behalf, provided it is done in the declarant’s presence and under their express instructions.
Next, two competent individuals must witness the signing of the living will (La. Rev. Stat. § 40:1151.2):
The law stipulates these requirements to prevent any potential conflicts of interest and to ensure the authenticity of the declarant’s wishes.
The declarant retains the right to revoke the living will at any time. Revocation can be communicated either orally or in writing. Upon revocation, the declarant must inform their attending physician and any other healthcare provider to ensure that the living will is no longer considered part of their medical directives (La. Rev. Stat. § 40:1151.3).
These statutory requirements, detailed in Louisiana Revised Statutes Title 40, Sections 1151.1-1151.8, protect the rights of individuals making end-of-life decisions and ensure their wishes are communicated and respected. Compliance with these laws is crucial for the living will to be recognized as a valid legal document.
| Document Name | Louisiana Living Will Form |
| State Form Name | Declaration |
| Signing Requirements | Two Witnesses |
| Validity Requirements | Sections 1151.1-1151.8 |
| State Laws: Louisiana Revised Statutes, Sections 40:1151.1 to 40:1151.8 | |
Filling out the Louisiana Declaration form ensures your healthcare preferences are honored if you cannot communicate them. This guide will walk you through the steps to complete the form correctly.
1. Declaration Statement
At the top of the form, fill in the current day, month, and year. Enter your full name in the designated space. This section confirms your intent to create a living will and ensures that your wishes regarding life-sustaining procedures are legally documented.
2. Life-Sustaining Procedures
In this section, you will make critical decisions about your medical care. Initial next to your chosen directive:
This is for cases when you have an incurable injury, disease, or illness, or are in a profound comatose state with no reasonable chance of recovery, certified by two physicians (one of whom is your attending physician).
3. Comfort Care
Indicate your wish to receive only medication or medical procedures necessary to provide comfort care. This ensures you are kept comfortable and free from pain, even if other life-sustaining treatments are withheld.
4. Family and Physician Directives
Acknowledge that in the absence of your ability to provide directions, your declaration should be honored by your family and physicians as the final expression of your right to refuse medical or surgical treatment. This section reinforces your legal right to make these decisions.
5. Signing the Document
Sign and date the document where indicated. Also, provide the city, parish, and state of your residence. Your signature confirms that you understand the implications of your decisions and that you are mentally competent to make this declaration.
6. Witness Signatures
Have the declaration witnessed by two individuals who know you and believe you to be of sound mind. The witnesses must sign and print their names in the designated areas. This step ensures that your living will is legally recognized.
7. Registration (Optional)
You can register your living will with the Louisiana Secretary of State’s Office. This involves mailing the declaration and a $20.00 filing fee to the specified address. Registering your document provides additional security and accessibility for your healthcare providers.
