Healthcare Directives and Living Wills in Louisiana

A serious accident or illness can leave you unable to speak for yourself. Healthcare directives tell your doctors what treatment you want and name the person who will make decisions when you cannot.

Louisiana has its own forms and rules for these documents, including a state registry for living wills. Putting them in place now spares your family from guessing during a crisis.

A Louisiana estate planning attorney at Richard J. Tomeny Jr. Attorney at Law can prepare directives that reflect your values and work together with the rest of your plan.

Living Wills in Louisiana

Louisiana calls a living will a declaration. It states whether you want life-sustaining procedures withheld or withdrawn if you have a terminal and irreversible condition or are in a continual profound coma with no reasonable chance of recovery.

On the state’s living will declaration form, you can choose whether artificial nutrition and hydration should continue. You can also ask to receive comfort care so you are kept as free of pain as possible.

Signing Requirements

Any adult can sign a living will declaration in front of two competent witnesses. Louisiana does not require a notary, though many people sign their directives at the same meeting as their testament.

Two physicians, one of them your attending physician, must certify your condition before the declaration takes effect.

The Louisiana Living Will Registry

The Louisiana Secretary of State keeps a registry of living will declarations for a small filing fee. Registered declarants receive a wallet card, and physicians and hospitals can request a copy when it is needed.

Registration is optional, and an unregistered declaration is still valid. You can revoke a living will at any time, but a registered declaration also requires a written revocation filed with the registry.

Healthcare Power of Attorney

A living will covers end-of-life care, but most medical decisions happen long before that point. A healthcare power of attorney, sometimes called a healthcare proxy, names a person to make those everyday decisions for you.

In Louisiana, this is a mandate that expressly grants authority over healthcare decisions, as explained in our guide to power of attorney in Louisiana. Under La. R.S. 40:1159.4, an agent with that authority ranks ahead of your spouse and children when doctors need consent for treatment.

Naming Someone to Speak for You at the End of Life

Under La. R.S. 40:1151.4, you can also designate in writing, before two witnesses, a person who may make a living will declaration for you if you cannot. Unless a court has appointed a curator, that person comes ahead of your spouse and adult children.

Choose someone who knows your values, can handle pressure, and will follow your wishes even if other relatives disagree. Name at least one backup in case your first choice is unavailable.

A Louisiana elder care lawyer can help coordinate these documents with a parent’s long-term care plan.

HIPAA Authorizations

Federal privacy rules limit what doctors and hospitals can share about your health. Without the right paperwork, your loved ones may struggle to get updates or records when they need them most.

Under the HIPAA Privacy Rule, a person with legal authority to make your healthcare decisions is generally treated as your personal representative. A separate HIPAA authorization lets you name additional people, such as adult children, who may receive your information even if they cannot make decisions.

LaPOST for Serious Illness

The Louisiana Physician Order for Scope of Treatment, known as LaPOST, is a medical order for people with a serious, advanced illness. Under La. R.S. 40:1155.1, it turns your treatment wishes into signed physician orders that are honored across care settings.

LaPOST is completed with your doctor and works alongside a living will rather than replacing it.

What Happens Without a Healthcare Directive

If you cannot consent and have no directive, Louisiana law follows a priority list. After any court-appointed curator or agent under a healthcare mandate, decisions fall to your spouse, then your adult children, and then to other relatives or a close adult friend.

That order may not match your wishes, especially in blended families or when relatives disagree. When family members cannot agree, someone may have to ask a court to step in, which adds delay at the worst possible time.

Healthcare directives also belong in a broader plan for aging and incapacity. A Louisiana elder law attorney can help you plan for medical decisions, long-term care, and benefits together.

Review your directives after a major diagnosis, marriage, divorce, or the death of the person you named. Our guide on when to update your estate plan covers other events that call for a fresh look.

Put Your Healthcare Wishes in Writing

Attorney Richard J. Tomeny Jr. has practiced law in Louisiana for more than 48 years. He prepares living wills, healthcare mandates, and HIPAA authorizations as part of a complete estate plan.

If long-term care costs are a concern, a Louisiana Medicaid lawyer at our firm can help you plan ahead. Contact our office in Baton Rouge at (225) 334-8080 or in Metairie at (504) 535-7350 to schedule a free consultation.

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