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Louisiana Living Wills Laws
More Information on Living Wills
| Code Section | 40:1299.58.1, 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 Valid Living Will | (1) Any adult; (2) written declaration; (3) signed by declarant; (4) in presence of 2 adult witnesses; (5) oral or nonverbal declaration may be made in presence of 2 adult witnesses by any nonwritten means of communication at any time subsequent to the diagnosis of a terminal and irreversible condition (sample form §1299.58.3(c)) |
| Revocation of Living Will | 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 the declarant of the intent to revoke. Effective upon communication to physician |
| Validity from State-to-State | Declaration properly executed in and under the laws of another state is deemed to be validly executed |
| If Physician Unwilling to Follow Durable Power of Attorney | Physician shall make a reasonable effort to transfer the patient to another physician |
| Immunity for Attending Physician | Any health care facility, physician, or other person acting under the direction of a physician shall not be civilly, criminally, 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.
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