FindLaw | Find a Lawyer. Find Answers.
Are you a legal Professional?
My current location:
,
| Change location
Louisiana Durable Power of Attorney Laws
Explanation of Chart and More Information on Durable Power of Attorney Laws
| Code Section | R.S. 40:1299.58.1 (c) et seq. Declarations Concerning Life-sustaining Procedures |
| Specific Powers, Life-Prolonging Acts | Any medical procedure or intervention, including but not limited to invasive administration of nutrition and hydration, which would serve only to prolong the dying process for a person diagnosed as having a terminal and irreversible condition. Does not include any measure necessary for comfort care |
| Legal Requirements for Durable Power of Attorney | The declaration made under statutory "Declarations Concerning Life-sustaining Procedures" may include designation of another person to make treatment decision for the declarant should s/he be diagnosed with terminal or irreversible condition and be comatose, incompetent or otherwise mentally or physically incapable of communication (sample form §1299.58.3 (c)) |
| Revocation of Durable Power of Attorney | Revocable at any time by declarant without regard to mental state or competency by (1) destruction of document; (2) written revocation signed and dated by declarant; (3) oral or nonverbal expression by declarant of intent to revoke. Effective upon communication to physician |
| Validity from State-to-State | Declaration properly executed in and under the laws of another states is deemed to be validly executed. |
| If Physician Unwilling to Follow Durable Power of Attorney | Physician shall make reasonable effort to transfer patient to another physician |
| Immunity for Attending Physician | Any health care facility, physician or other person acting under their direction shall not be criminally, civilly, or professionally liable for withholding life-sustaining procedures in accordance with the provisions of this chapter |
Note: State laws are constantly changing -- contact an attorney or conduct your own legal research to verify the state law(s) you are researching.
Research the Law:
- Official State Codes - Links to the official online statutes (laws) in all 50 states and DC.
Related Resources for Durable Power of Attorney Laws: