No one wants to imagine a family member or loved one becoming incapacitated. But we may have to, if we want to insure that our loved ones are cared for properly and according to their wishes. If a loved one cannot direct their own healthcare, someone else may need to make the big health care decisions in their place. Louisiana law allows those decisions to be made under what is known as a “durable power of attorney.†Here is a brief overview of attorney laws in Louisiana.
Durable Power of Attorney Statutes
The basics of durable power of attorney laws in Louisiana are listed below.
| Code Section | Louisiana Revised Statutes 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 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 |
Related Resources for Louisiana Durable Power of Attorney Laws:
Durable powers of attorney can be used to make serious decisions, and therefore should not be taken lightly. You can visit FindLaw’s Living Wills and Power of Attorney section for more resources and information on this topic. You can also contact a Louisiana estate planning attorney if you would like legal assistance with a power of attorney matter.
