Preparing a Living Will in Louisiana

Regarding your medical care, you have the right to make your own decisions. If, however, you are comatose or in another state that makes it impossible for you to make those decisions known, the only way your family and doctors will know is if you provide an advance directive such as a living will. Louisiana residents can use our living will form to provide this information to their families and medical care providers. This document in no way limits your ability to make decisions about your medical care when you are capable to do so.

Advance Directives

Specific laws and regulations governing advanced directives can vary from state to state, so if you spend a great deal of time in another state, it can be a good idea to have several advance directives that follow the laws of each state. There are several types of advance directives that can be utilized. A Living Will gives instructions concerning situations of terminal illness. A Medical Durable Power of Attorney allows someone you trust to make important medical decisions for you if you are unable. These two documents also often include instructions regarding organ donation.

If you have already prepared a living will in another state, it may still be valid in Louisiana. But, we do recommend that you use this form, just to make sure it complies with existing Louisiana laws.

Your Living Will

There are many reasons to have a living will. You can use our living will form to let your wishes be known regarding artificial nourishment (i.e. a feeding tube) and other life sustaining procedures. A living will may also outline your wishes regarding organ donation. Your medical providers must follow the instructions set out in your living will, or turn you over to a doctor who will do so.

By filling out and signing our free living will form, you can instruct your healthcare providers to withhold or stop life support if:

• You are terminally ill, with no hope of recovery
• You have been unconscious, in a coma, or in a persistent vegetative state for a specified length of time (according to statute)
• You cannot make your own health care decisions
• You cannot communicate

In addition, your living will may also instruct your doctor or other healthcare professionals to remove a feeding tube or other artificial nourishment if that is the only care being provided. Enough nourishment and care will be provided so that you do not experience any pain.

Almost anyone who is mentally competent and over the age of 18 can be the executor of a living will. However, you cannot use the following individuals to execute your living will:

• Your doctor or other healthcare provider
• Any employee of your doctor or other healthcare provider
• Anyone to whom you owe money
• Any person who may be entitled to all or a portion of your estate after your death

You must have two witnesses for your living will to be valid, and none of the individuals listed above can act as a witness. If you are not able to sign your living will, you may direct someone to sign it on your behalf.

If you change your mind, you can invalidate and destroy your living will at any time. You can physically destroy the document or revoke it in writing or simply tell someone you want to invalidate it. However, if you destroy or invalidate a living will, make sure to inform everyone who has a copy, including your family, your doctor or any hospital where it is on record.